Abstract

Foundation law in Switzerland is characterized by a truly liberal approach: in general, Swiss legislation on foundations contains only limited binding regulations, while leaving room for founders to provide concrete rules with a view to managing the foundation and its assets, as well as outlining guiding principles for the fulfilment of its purpose. Meanwhile, in its third edition, the Swiss Foundation Code aims at providing founders, practitioners, and advisors with non-binding rules and guidelines regarding grant-making foundations. In this article, the author analyses the legal and practical implications of the Swiss Foundation Code, while focusing on the crucial question: Is the Code necessary, superfluous or pointless?

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