The Charity Trust Deed (structured as a German foundation deed or 'Stiftungsurkunde') is essential when establishing a charitable organization in Germany that aims to serve public benefit purposes (gemeinnützige Zwecke). This document is required by German law, which does not recognize common law trusts but instead uses the foundation (Stiftung) structure for similar purposes. It must be carefully drafted to meet the requirements of the German Civil Code (BGB), Fiscal Code (AO), and state foundation laws. The deed includes detailed provisions about the foundation's purposes, asset management, governance structure, and distribution policies. It's particularly important for individuals or organizations looking to establish a lasting charitable legacy, as German foundations are typically designed to exist in perpetuity. The document requires approval from both the relevant state foundation authority and tax office to ensure compliance with charitable law requirements.
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1. Parties: Identification of the settlor(s), initial trustees, and any protector or supervisory board members
2. Background: Context of the charitable trust's establishment and the settlor's intentions
3. Definitions: Key terms used throughout the deed, including German legal terminology with English explanations
4. Establishment and Name: Formal declaration of the foundation's establishment and its official name in both German and English
5. Charitable Purpose: Detailed description of the charitable objectives, ensuring compliance with German tax law requirements for charitable status
6. Initial Assets: Description of the initial endowment (Grundstockvermögen) and any conditions attached
7. Asset Management: Rules for managing and preserving the foundation's assets, including investment guidelines
8. Governance Structure: Composition and responsibilities of the board of trustees and any other governing bodies
9. Decision-Making Process: Procedures for board meetings, voting, and resolution passing
10. Distribution Rules: Guidelines for distributing funds to beneficiaries and charitable projects
11. Amendment Provisions: Procedures for modifying the deed within German legal constraints
12. Dissolution Provisions: Circumstances and procedures for dissolution and distribution of remaining assets
1. Advisory Board: Establishes an advisory board (Kuratorium) when additional oversight is desired
2. International Activities: Include when the foundation plans to operate internationally, addressing cross-border compliance
3. Fundraising Rules: Add when the foundation plans to actively raise additional funds beyond initial endowment
4. Compensation Rules: Include when trustees or staff may receive compensation, ensuring compliance with charitable law
5. Conflicts of Interest: Detailed procedures for handling conflicts when complex family or business relationships exist
6. Branch Offices: Include when the foundation plans to establish multiple locations
7. Scholarship Programs: Specific rules for educational grant programs if relevant to the foundation's purpose
1. Initial Assets Schedule: Detailed inventory of all initial assets transferred to the foundation
2. Initial Trustees: List of initial trustees with their full details and acceptance declarations
3. Investment Guidelines: Detailed investment policies and restrictions
4. Governance Procedures: Detailed procedures for meetings, voting, and administration
5. Grant-Making Criteria: Specific criteria and procedures for selecting beneficiaries and projects
6. Forms and Templates: Standard forms for grant applications, reporting, and other administrative processes
7. Tax Authority Correspondence: Copies of preliminary tax rulings or correspondence confirming charitable status
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