Checklist

Preparing a private foundation formation

Almost everything that will later be possible or impossible in a private foundation is decided at formation. This checklist puts the questions in order before the notary drafts the foundation declaration.

A private foundation is an ownerless legal entity. The founder endows assets that from then on belong to the foundation and serve the purpose set out in the foundation declaration. It comes into being with registration in the commercial register.

Anyone who clarifies these points before the notarial act saves later disputes, special audits and attempts at amendment. The checklist does not replace legal or tax advice.

Work through the points calmly. You can tick off each item; the status is stored on your device.

Legal basis at a glance

The core is the Austrian Private Foundation Act (PSG), in particular §§ 1 ff PSG (nature and formation), §§ 9 ff PSG (foundation declaration, amendment, revocation), § 14 PSG (board) and §§ 20 and 21 PSG (beneficiaries and information rights).

The tax treatment follows the Corporate Income Tax Act and the interim tax regime. Detailed tax questions have to be clarified with a tax adviser.

This checklist gives a general overview of the Austrian legal position under the Private Foundation Act (as of July 2026). It makes no claim to completeness or legal certainty and does not replace advice in the individual case.

In depth

Related topics and posts

Formation and foundation deed

From purpose to commercial register: the components of the foundation declaration at a glance.

Founder rights, amendment and revocation

Which rights the founder must reserve if they want to keep shaping the foundation.

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Duties, incompatibilities and liability risks of the foundation board.

Tool: foundation dispute risk profile

Self-check for typical friction points among family, board and beneficiaries.

Your foundation law team

BRANDAUER Rechtsanwälte

Foundation law team, Salzburg and throughout Austria

Your matter is handled by a team combining corporate law, asset succession, real estate law and dispute resolution. We review the foundation declaration, board resolutions, information rights and liability issues and set out clear next steps. Mag. Bernhard Brandauer is responsible for the legal advice, supported by further specialised lawyers of the firm where the matter requires it.