The German family foundation: concept, legal framework, and taxation

2020 ◽  
Vol 26 (6) ◽  
pp. 534-541
Author(s):  
Maximilian Haag ◽  
Michael Tischendorf
Keyword(s):  
Common Good ◽  
Legal Framework ◽  
Estate Planning ◽  
Non Profit ◽  
Wealth Management ◽  
German Family ◽  
Asset Protection ◽  
The Common ◽  
Business Succession ◽  
Family Foundations

Abstract Most German foundations serve the common good. Nevertheless, setting up a private foundation in Germany has proven to be a valuable instrument in private wealth management and estate planning. About 5% of all German foundations are the so-called family foundations with the purpose of serving the interests of one or more families. There are numerous possible areas of application, such as business succession, asset protection, estate planning, and/or use of tax advantages. This article is intended to describe the concept of the German family foundation, its establishment, constitution, and termination, as well as its taxation, in order to provide an overview of its advantages, disadvantages, and possible applications. The German non-profit foundation shall not be discussed.

Family Foundations in Switzerland

2020 ◽  
Vol 26 (6) ◽  
pp. 580-589
Author(s):  
Natalie Peter
Keyword(s):  
Common Law ◽  
Estate Planning ◽  
Asset Protection ◽  
Legal Limits ◽  
Swiss Law ◽  
The Future ◽  
Family Foundations

Abstract At a governmental level, the introduction of a Swiss law on trusts is currently being reviewed. One of the arguments is that Switzerland does not provide for a suitable instrument to be used for estate planning or asset protection purposes. Many scholars and practitioners take the view, though, that a common law trust is not a suitable instrument and that therefore it would be more advisable to review the existing instruments, such as the Swiss family foundation or the fiducie (Treuhand), and to amend them accordingly. This article shall shed some light on the Swiss family foundation, on its use and limits and how it could be used de lege ferenda in the future if its legal limits were finally to be released.

scholarly journals Niṣkāmakarma: A Philosophical Analysis in Light of the Prisoner's Dilemma and the Concept of Degrowth

2019 ◽  
Vol 24 ◽  
pp. 3-30
Author(s):  
Tommi Lehtonen ◽  
Keyword(s):  
Decision Making ◽  
Common Good ◽  
Prisoner's Dilemma ◽  
Prisoner’S Dilemma ◽  
The Other ◽  
Economic Activities ◽  
Non Profit ◽  
Personal Benefit ◽  
The Common ◽  
Harmful Effects

The prisoner's dilemma famously shows that individuals seeking their own benefit end up with a worse outcome than could be achieved through cooperation. This dilemma provides an effective but neglected method for the study of the Hindu principle of "desireless action" (niṣkāmakarma). In the context of the prisoner's dilemma, one or the other of the following decision-making strategies is feasible for prisoners who want to follow the principle of "desireless action": (1) to be indifferent and to leave the decision to chance (e.g. by arbitrarily drawing lots) or (2) to pursue the common good or the benefit of the other (by remaining silent) instead of seeking primarily to benefit oneself (by confessing). The second strategy is more appropriate assuming the following: the followers of the principle of "desireless action" can be goal-oriented and target-driven, as long as unselfish goals are considered, while remaining indifferent and non-attached in terms of personal benefit. This interpretation is tested and further discussed in this article in light of the values of the modem environmental and anti-consumerist degrowth movement. A non-profit orientation and the emphasis on duties are shared by the concepts of degrowth and niṣkāmakarma. Social- or reality-centredness rather than self-centredness is also common to both concepts. The degrowth movement focuses on economic contraction and deceleration, and thus its scope is narrower and more specific than that of niṣkāmakarma. Moreover, the degrowth movement rejects economic grovrth because of its ecologically and socially harmful effects, such as pollution and income inequality, but it is - at least in theory - indifferent to the harmless results of economic activities. On the contrary, the principle of niṣkāmakarma involves a critical stance toward both good and bad results of actions, insofar as they are pursued because of self-regarding desires.

Qatar financial centre foundations

2019 ◽  
Vol 25 (6) ◽  
pp. 611-616
Author(s):  
Christophe Jolk ◽  
David Russell
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Gulf Cooperation Council ◽  
Legal Regime ◽  
Legal Form ◽  
Estate Planning ◽  
Legal Personality ◽  
Financial Centre ◽  
The Common ◽  
Case Basis

Abstract Like other Gulf Cooperation Council (GCC) jurisdictions, the Qatar Financial Centre (QFC) Foundation has very favourable private wealth and estate planning aspects, since it picks some of the best features in the common and civil law models and blends them into a single legal framework. One of the advantages of a QFC Foundation over a trust, for instance, is its legal personality and ability to own assets. Similar to other foundation laws within the GCC area, the QFC Foundation does not require a ‘dedicated fund appropriated to a specified purpose’ and also has a specific ‘firewall’ provision securing the asset dedications and benefits granted. Overall, the QFC Foundation is a favourable legal regime for estate planning and pretty standard compared to what other GCC foundations regimes offer. Settling for a specific jurisdiction and legal form should nevertheless be assessed on a case by case basis.

scholarly journals SOCIAL CONTROL AND ANTI-CORRUPTION

2017 ◽  
pp. 5-10 ◽  
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva
Keyword(s):  
Social Control ◽  
Common Good ◽  
State Function ◽  
Non Profit ◽  
Legal Norms ◽  
Complex Evaluation ◽  
Key Factor ◽  
The Common ◽  
External Forces

The article contains main theses of the author’s speech at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” which took place in Moscow, 26—27 April 2017 within the frame of implementation of point 19 of National Anticorruption Plan 2016—2017. On the basis of analysis of international legal norms, provisions of national and foreign legislation, including open government institute’s regulation the concept of social control is formed, its place and role in modern anti-corruption politics are determined. The danger of distancing of state from the institutions of civil society is underlined, because it causes weakening of the whole state, provokes the intervention of external forces into internal affairs of the country. In the article the tendency is analyzed which consists in changing of the goal-setting of social control in the process of its legal consolidation and implementation by individual entities that invest in it a sense close to law enforcement, although it is exclusively a state function. Risks of deformed understanding of essence of social control are examined and new legal solutions of improving legislation in this area are proposed, in particular, conduction of complex evaluation of adaptive possibilities of international legal norms and determination of difficulties, related to assumption of obligations; the development of interstate implementation mechanisms; expansion of the circle of subjects of public control and activation of departmental monitoring of the activities of non-profit organizations. The author comes to the conclusion that it is necessary to form an international standard of anti-corruption social control, taking into account international legal acts and scientific research. At the same time, the concept of such a standard must be based on an understanding of its creative nature, the potential of cooperation between various social structures for the common good.

On the rudiments and benefits of philanthropy in the perspective of cognitive research

2020 ◽  
Vol 35 (2) ◽  
pp. 143-166
Author(s):  
Wioletta Dziarnowska
Keyword(s):  
Common Good ◽  
Biological Evolution ◽  
Moral Emotions ◽  
Multidisciplinary Research ◽  
Non Profit ◽  
Cognitive Research ◽  
Neuronal Mechanisms ◽  
The Common ◽  
The Mind ◽  
The Relationship

Past decades have shown an increase in interest in the phenomenon of morality, as well as its most sophisticated manifestations, which are philanthropic activities, in the field of cognitive science – a multidisciplinary research program of the mind and its role in intelligent behaviour. The article shows – applying the aforementioned perspective – that morality, along with all its altruistic expressions, is understood as the result of the biological evolution of the human race. It is based on various neuronal mechanisms responsible for the psychological processes that make up our moral mind, e.g. moral intuitions, moral emotions and moral reasoning. In recent years, issues related to charity have become one of the important subjects of cognitive research. In their light, it turned out, among others, that altruistic human inclinations, not only devoting one’s time, skills or money to help a person, but also support for more abstract ideas related to the common good are supported by various brain mechanisms strengthening our selfless motivations. It was concluded that the progress of scientific research on the relationship between the „moral brain” and the world in need of help would reveal the most effective ways of strengthening human philanthropic involvement and more effective impact of non-profit institutions.

scholarly journals Alliances between For-Profit and Non-Profit Organizations as an Instrument to Implement the Economy for the Common Good

2020 ◽  
Vol 12 (22) ◽  
pp. 9511
Author(s):  
Carmen Talavera ◽  
Joan R. Sanchis
Keyword(s):  
Strategic Alliances ◽  
Environmental Sustainability ◽  
Common Good ◽  
Social Value ◽  
Non Profit ◽  
The Common Good ◽  
For Profit ◽  
The Common ◽  
The Creation ◽  
Non Profit Organizations

The model of the Economy for the Common Good (ECG) has cooperation as one of its main principles. This alternative economic model proposes to prioritize cooperation over competition to favor the creation of social value. From this point of view, strategic alliances between organizations can be used as an instrument that supports implementation of the ECG model. In recent years, alliances between for-profit and non-profit entities have been strengthened as a method to facilitate actions focused on social responsibility and sustainability. Moreover, the ECG model has become an adequate management framework for corporate sustainability. This work aims to connect alliances between for-profit and non-profit organizations with the ECG model. First, this connection is manifested in a theoretical way. This paper is going to analyze how such alliances can contribute to increasing the values of the ECG model: human dignity, solidarity and social justice, environmental sustainability, and transparency and codetermination. Afterwards, this work analyzes two cases of this type of alliance—Grupo Vips-Fundación Hazlo Posible and Danone Foods-Grameen Bank—to determine the benefits that this type of cooperation can provide to society. We study their motives and the benefits that they bring to the organizations and the community. Therefore, this work assesses how these types of alliances influence the different topics included in the Common Good Matrix. Moreover, we conduct a comparative analysis between both cases. This work demonstrates that, by implementing this type of strategic alliances, the creation of social value is favored, thus contributing to implementation of the ECG model.

Wasteful or sensible? Donor imageries in İstanbul’s food banks

2020 ◽  
Vol 62 ◽  
pp. 51-73
Author(s):  
Candan Türkkan
Keyword(s):  
Common Good ◽  
Food Banks ◽  
Waste Generation ◽  
Profit Model ◽  
Non Profit ◽  
For Profit ◽  
The Common ◽  
Consumer Problem ◽  
Allocation Decisions ◽  
Waste Food

AbstractThis paper explores how the staff of İstanbul’s food banks perceive the donors and the donations. The paper begins by exploring the literature on food banks; what food banks recover and redistribute; and the role food banks play in managing food insecurity. Next, how these three issues are represented in different models of food banks are discussed: in the non-profit model, the donors are “socially aware citizens” who contribute to the common good by helping to feed the hungry; whereas, for the for-profit model they are “caring capitalists” doing their best to reduce their carbon footprint and eliminate food waste while effectively managing the costs of waste disposal. In the municipal social markets, in contrast, the donors are “prodigal consumers” who cannot make correct resource allocation decisions and waste food as a result. For all the models, the donors are predominantly individuals or households and waste generation is perceived as a consumer problem, whereas in practice the donors are mostly corporations giving away their surplus stock. The paper concludes by underlining that this misperception shifts the conversation on waste generation and management away from production and supply chain problems and disciplines individuals as consumers.

scholarly journals Philanthrocapitalism as wealth management strategy: Philanthropy, inheritance and succession planning among the global elite

2020 ◽  
pp. 003802612096347
Author(s):  
Jessica Sklair ◽  
Luna Glucksberg
Keyword(s):  
Succession Planning ◽  
Common Good ◽  
Management Strategies ◽  
Wealth Accumulation ◽  
The Public ◽  
Wealth Management ◽  
Private Realm ◽  
The Family ◽  
The Public Sphere ◽  
Business Succession

In the resurgence of interest in inheritance flows following the publication of Piketty’s work, little attention has been paid to the affective practices that ensure the success of inheritance processes as wealth moves down generations of dynastic families. This article explores these practices, drawing on research among wealth managers, philanthropy advisors, family offices and their clients, to show how philanthropy is promoted by advisors to the wealthy as a tool to support inheritance and family business succession planning. In this process, advisors draw on the philanthropic imagination to style wealthy families as custodians of both private capital and the common good, thus mirroring the narratives used by philanthrocapitalists to legitimise their wealth in the public sphere. Here, however, the discourse of philanthrocapitalism is turned inwards to the private realm of the family, to persuade younger generations to rally around the collective project of the custodianship of wealth. By bringing together research on philanthropy and inheritance, this article contributes to the growing sociological literature on elites and the global inequalities driven by their accumulation of wealth. It shows how wealth accumulation is increasingly dependent not only on the mechanics of financial markets and inheritance flows, but also on affective wealth management strategies framed around ethical notions of kinship and social responsibility.

scholarly journals Conceptual Foundations of Public Interest Communications

2017 ◽  
Vol 1 (1) ◽  
pp. 16 ◽  
Author(s):  
Jasper Fessmann
Keyword(s):  
Public Relations ◽  
Public Interest ◽  
Common Good ◽  
Relationship Management ◽  
Non Profit ◽  
The Common Good ◽  
The Common ◽  
Conceptual Foundations ◽  
Management Theories

This article argues that public interest communications (PIC) fundamentally emerges from public relations (PR) scholarship. PIC addresses paradigm anomalies of the excellence and relationship management theories of public relations in the specific case of activism and communication for the common good. It posits that PIC is structurally different from non-profit public relations and examines several key conceptual differences between PR and PIC.

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