Abstract
In many respects, Swiss foundations are truly unique, also in terms of governance. Unlike other legal entities that are subject to external control by governmental bodies due to their specific activities (eg financial market regulation and supervision), Swiss foundations—with the exemption of ecclesiastical and family foundations—are supervised irrespective of the specific nature of their activities. This creates a special relationship between the supervised and the supervisor. However, problems occur when foundations find themselves exposed to supervisory actions they consider unjustified. Against this background, this article examines the instruments and the effectiveness of legal protection available to Swiss foundations.