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Foundation Law

Original Language Title: Säätiölaki

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Foundation Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

PART I

GENERAL PRINCIPLES AND CONSTITUTION

Chapter 1

Key principles and application of the law

ARTICLE 1
Scope

This law shall apply to all foundations registered in Finland under this law, unless otherwise provided for in this Act or by any other law.

ARTICLE 2
Function, mode of operation, legal personality and limited liability

The Foundation must have a useful purpose. The Foundation shall support or pursue activities to promote this purpose. The purpose of this is not to pursue a business or to create an economic advantage for one of the persons covered by Article 8. The Foundation's activities are financed by capital, revenue and other funding.

The purpose and activities of the Foundation shall be governed by the statutes of the Foundation.

The Foundation shall be a separate legal entity from its founder, born with registration. The founder of the registered foundation is not personally responsible for the Foundation's obligations.

ARTICLE 3
Basic capital

The Foundation shall have a basic capital of at least eur 50 000.

The Founder may be suspended for a limited period of time in respect of the property rights conferred on it. A person who is a founder may arrest such a right for a maximum of life. Such a right may be withheld by the founding entity or the Foundation for a period not exceeding 10 years from the registration of the Foundation. The conditions for the detention of the right shall be laid down in the Foundation's rules prior to registration of the Foundation.

The provisions of paragraph 2 shall also apply to the free transfer of funds to the Foundation during its operation. The suspension of the right shall be laid down in the rules prior to the transfer of funds. The 10-year period is calculated from the allocation of funds.

§ 4
Management tasks

The Foundation's management must carefully promote the purpose of the Foundation and the Foundation's interests.

§ 5
Financial management

The financial management of the Foundation must be planned. Financial management includes, in addition to the management of funds used by the Foundation, the Foundation's investment and business activities.

ARTICLE 6
Investment activities

The Foundation may carry out investment activities in order to manage its assets and to finance its activities, unless it is restricted by the rules.

The Foundation may operate its investment activities unless it is restricted by the rules.

§ 7
Business activities

The Foundation can only carry out business operations directly related to its activities, as well as other business activities provided for in the rules to finance its activities. The rules may also restrict the right to conduct business activities related to activities.

The Foundation may operate its business unless it is restricted by the rules.

§ 8
Related district

The Foundation's family members include:

(1) the Foundation's founder and the person who controls the Foundation, the Community and the Foundation, and the subsidiaries and foundations of the Foundation or of the Foundation;

(2) a member and alternate member of the Governing Board and of the Board of Directors of the Community and of the Foundation referred to in paragraph 1 and of the Board of Directors, the Executive Director and the Deputy Director of the Foundation and of the Foundation, responsible company and auditor;

(3) the trustee and other person involved in the management of the Foundation;

(4) a member of the family of the person referred to in paragraphs 1 to 3;

(5) other close relatives of the person referred to in paragraphs 1 to 3; and

(6) The entity and the entity controlled by persons or persons acting jointly as referred to in paragraphs 1 to 5.

For the purposes of this law, a family member shall mean the spouse and unmarried partner, the spouse and the spouse and the spouse and the parent, the parent and the spouse, the grandparents and the parent.

For the purposes of this law, a close relative means the sister and sister and stepsister of the person referred to in Article 1 (1) to (3) and (2), and the spouse and unmarried partner and the child and child of the child referred to in this paragraph. And grandparents.

For the purposes of the accounting law, the (1336/1997) in Chapter 1, Article 6 And control shall mean a controlling interest in the Community or the Foundation in accordance with Article 5 of that Chapter.

§ 9
Statutory and sup -

Notwithstanding the provisions of Article 2 (1), the purpose of the foundation may be to generate an advantage for a foundation, a foundation or a foundation of a foundation which is established by a foundation or a foundation, the association or any other entity whose owners, members or Other beneficiaries are not entitled to the funds of the beneficiary Community or the Foundation ( Statutory ).

Notwithstanding the provisions of Article 2 (1), the purpose of the foundation may be to confer an advantage on family members or relatives of the founder of the foundation ( The family trust ).

The neighbouring districts provided for in Article 2 (1) shall not apply to the extent that, in accordance with its terms of action, the Statutory or the Suit Foundation confers an advantage on the persons, entities and entities referred to in paragraphs 1 or 2 of this Article in accordance with the rules of the Foundation. For foundations.

Chapter 2

Establishment of a foundation

ARTICLE 1
Establishment of a foundation by the charter

The creation of a foundation must be accompanied by a written charter, signed by all the founders.

By signing the Charter, the founder undertakes to hand over to the Foundation as a core capital of assets in the Charter ( Capital commitment ). The basic capital must be handed over to the Foundation before registration of the foundation.

Other funds available to the Foundation may also be laid down in the Charter. Such a commitment cannot be withdrawn after registration of the Foundation, unless otherwise specified in the Charter.

The term of office and duties of the management and auditors of the Foundation shall begin with the signature or selection of the Charter after the signature of the Charter.

ARTICLE 2
Content of the Charter

The Charter must always include:

1) the date of the charter;

(2) all the founders and each capital commitment;

(3) the members and auditors of the first Board of the Foundation or their selection;

(4) where the Foundation has a Management Board, the members of the first Governing Board or the selection of them; and

5) the Foundation's first financial year.

The Foundation's rules must be incorporated or included in the Charter.

ARTICLE 3
Rules

These rules shall always include the following:

(1) name;

(2) the municipality of Finland as a home;

(3) purpose;

4. Forms of activity; and

(5) how to use the funds of the Foundation if the Foundation erupts or discloses.

Where the Foundation has a Management Board, the rules shall state the number, method and term of office of the members of the Management Board.

If the Foundation intends to use its name in two or more languages, each expression of the name shall be mentioned in the rules.

The Foundation has a government and an auditor. Articles 8, 9 and 11 of Chapter 3 and Sections 1, 3 and 5 of Chapter 4 shall apply to the number of members and auditors of the Foundation's Board of Directors.

§ 4
Action plan, budget and financial plan

The Foundation must have an action plan, a budget and a financial plan for the first three years.

§ 5
Foundation name

The name of the registered foundation shall include the words'registered foundation' or equivalent abbreviation 'sr'. If the Foundation also has a non-Finnish or Swedish name, it must have the words'registered foundation' in this language or short for 'sr'.

The name shall be clearly distinguishable from the names and ancillary activities of the foundations previously listed in the Foundation Register and its use may not be likely to cause confusion with the commonly known protected name or trademark.

The Foundation shall be entitled to participate in a specific name ( Aid name ) which can be registered in the Register of Foundations. The auxiliary activity shall be subject to the provisions of paragraph 2 of the title of the Foundation and of the activities of its activities (128/1979) Provides for a assisunce. The auxiliary activity shall not include the words'registered foundation' or 'sr'. The Foundation's assistance name shall be entered in the Register of Foundations.

In addition to the name, the Foundation may use a different logo ( Secondary emblem ), which shall be subject to the provision of a subsidiary identification code.

The Foundation's assistant and the subsidiary symbol and their confusion, as well as the exclusive right to the Foundation's name, to the auxiliary and to the subsidiary and to prohibit their use, to revoke the registration and to account for their infringement And the security measure shall be subject to the provisions of the operating law.

ARTICLE 6
Establishment of a foundation by means of a will

If the foundation is to be established after the death of the founder, it may be established in the will, which must always include:

1) the purpose or purpose of the foundation; and

2) what assets are transferred by the founder to basic capital and other equity.

The Founder may determine who is to be responsible for the foundation of the Foundation ( Executor ), or other provisions concerning the selection of the executive.

The Founder can or may be included in the will of the charter.

§ 7
Prescribing and freeing of the executive

Where the creation of a foundation is provided for in the will, the person who is in possession of the estate shall, within three months following receipt of the will of the will, inform the court of law of the last place of residence of the founder of the latter. , or if he did not live in Finland, the District Court of Helsinki.

When the district court has been informed of the will referred to in paragraph 1, it shall, without delay, examine whether the executor appointed in accordance with the will or wills shall agree to the task. If no consent is granted, or if the prescribed is not appropriate, the district court shall provide one or more persons. The same shall apply if the founder has not ordered the executor or the task is transparent for any other reason. The district court shall inform the Patents and Registration Government of the will and of the order it has issued, hereinafter: The registration authority The notification shall be accompanied by a copy of the will or an explanation of the content of the oral will.

What in the succession? (180/1965) Provides for the release of the executor of the estate, applicable to the executive.

§ 8
Tasks and rewards of the executive

The executor of the order of the will shall draw up and sign the memorandum of incorporation in accordance with Article 2, if it has not been made by the author.

The executor must carefully promote the will of the will of the will to set up the Foundation.

Where the assets to be set up for the foundation set up in the will are less than eur 50 000, or in an unproportional manner for the purpose of the Foundation's purpose, that there are no conditions for the establishment of the foundation, the executor may give up To another foundation or other entity contributing to the same purpose of the assets tested by the Foundation, or any other entity whose owners or members are not entitled to the distribution of Community funds. Any transfer of assets to another foundation or entity shall be notified without delay to the registry authority.

In drawing up the rules, the executive may derogate from the provisions of the will if they are contrary to the law or in accordance with the rules, so that they should be amended. If the rules cannot be drawn up without substantially altering the purpose of the Foundation, the foundation of the Foundation shall be set.

The Executive Director shall be entitled to receive a reasonable fee for the performance of the task and shall pay compensation for his expenses from the estate.

§ 9
Performance of the capital commitment

The amount of the capital commitment shall be entered in the basic capital, unless it is provided for in the instrument of incorporation or in the statutes, as otherwise specified in the other equity or accounting law.

Save as otherwise provided in the Charter, the recapitalisation may only be receivable from the Foundation with the agreement of the Governing Board.

ARTICLE 10
Registration of a foundation

The Foundation shall be notified to be registered within three months of the date of signature of the memorandum or the establishment of the foundation. The registration is specified in Chapter 13. If the author of the will has signed the memorandum, the notification shall be made within three months of the existence of the will.

The registration authority may, for a reasoned reason, extend the time limit for the notification of the registration notice.

ARTICLE 11
Delay of the Foundation's notice based on the test

Where the Foundation has not been notified to be registered within a reasonable period of time after receipt of the notification referred to in Article 7 (2) or within a period of three months from the date on which the , and the delay has not been due to the activities related to the estate or to the extension of the period provided for by the registration, the registering authority may make the Executive or the Board members elected as a synergist. Periodic penalty payment or penalty payment referred to in Article 7 (1) The application of the application by the executive or the board of directors or members thereof.

A decision to change the executive, a member of the government or a government may be imposed in spite of the appeal.

ARTICLE 12
Legal effects of registration

The foundation will be generated by registration.

The obligations arising from the action taken after the signature of the Charter or in the Memorandum of Accession, not more than one year before the signature of the Charter, shall be transferred to the Foundation.

The founder, after registration, cannot rely on the basic capital commitment to invoke the fact that the condition relating to the establishment has not been fulfilled.

ARTICLE 13
Action before registration

Before being registered, the Foundation cannot acquire rights or enter into commitments or be a party to a court or other authority. However, the executor, as referred to in Article 7 of the District Court, may be a party to the foundation of the foundation, as a party to the foundation of the foundation.

On behalf of the Foundation, prior to its registration, the Foundation was jointly and severally liable. In the cases referred to in Article 12, the responsibility shall be transferred to the Foundation when the Foundation is registered.

The Board of Directors and the Executive Director may, without personal responsibility, exercise the power of speech in matters relating to the establishment of the Foundation and take measures to obtain the performance of the capital commitments.

ARTICLE 14
Legal action with an unregistered foundation

If the contractual partner of the Foundation knew that the Foundation was not registered, he or she may, unless otherwise agreed, waive the contract with the Foundation, if the notice of withdrawal from the Foundation has not been filed within the period laid down in Article 10 or if: Registration has been refused. If the contractor did not know that the foundation had not been registered, he would be able to withdraw from the contract until the foundation was registered.

§ 15
Criteria for lapsing

The establishment of a foundation shall lapse unless the Foundation has been notified to be registered within the time limit laid down in Article 10 or 11 or if the registration is refused.

The establishment of a test-based foundation will not fall due to the deadline for the registration of the registration.

In the event of a lapse, the Board of Directors and the Executive Director shall be jointly and severally liable for the return of the assets transferred to the Foundation and the resulting return to the Founders. The normal costs of the measures referred to in Article 13 (3) may be deducted from the amount to be returned.

PART II

MANAGEMENT, FINANCIAL STATEMENTS, ACTIVITY REPORT, AUDIT AND AMENDMENT OF THE RULES

Chapter 3

Governance and representation of the Foundation

ARTICLE 1
Foundation management

The Foundation must have a government. The statutes of the Foundation may stipulate that the Foundation has, or may have, the Executive Director referred to in Article 15, and that the Foundation shall have a management board referred to in Article 19.

ARTICLE 2
General government tasks

The Board of Directors is responsible for managing the Foundation and ensuring that the Foundation's activities are properly organised ( General government powers ). The Board of Directors is responsible for the proper organisation of the Foundation's accounting and financial control.

The Board of Directors and the Board of Directors may not comply with a decision taken by the Governing Board or the Board of Directors, which is invalid on the basis of this law or of the statutes of the Foundation.

ARTICLE 3
Government decision-making

The draft government decision will be a proposal which has been supported by more than half of the members present, unless this law provides for a greater majority in this law or in the statutes of the Foundation. An aesthetic board member shall not be considered to be present. In the event of a tie, the President shall have the casting vote.

The election shall have the highest number of votes cast, unless the rules provide for an election or a qualified majority. If there is a tie in the election, and the rules have nothing else to do, the election shall be settled on a daily basis.

The Board of Directors shall have a quorum when more than half of the members are present, unless the rules require a higher number. The amount shall be calculated from the selected board members.

No decision shall be taken unless, as far as possible, all members of the Government have an opportunity to take part in the proceedings. If a member of the Board is prevented from attending, the opportunity shall be reserved for the alternate.

Where a decision is taken without holding a meeting, the decision shall be recorded, signed, numbered and maintained as provided for in Article 6 of the Protocol.

The members of the Board of Directors may, acting unanimously, decide not to follow the procedure for convening a meeting provided for in this Act or in the statutes of the Foundation.

§ 4
Accessibility

A member of the Board of Directors shall not participate in the deliberations on the agreement between him and the Foundation. Nor shall he participate in the deliberations of the Foundation and the Third Agreement if he is expected to have an essential interest which may conflict with the interests of the Foundation. The provisions of this Article shall also apply to the other legal proceedings, to the proceedings and to the use of other forms of speaking power.

In addition to the provisions laid down in paragraph 1, a member of the Board of Directors may not take part in the handling of a case of interest or other interest, where the beneficiary is he or his/her family members, other close relatives or entities under their control Or foundation. This paragraph shall not apply to a foundation intended to promote the interests of the founder's family or family.

§ 5
Cabinet meeting

The Chairman of the Board of Directors shall be responsible for ensuring that the Board meets when necessary. The meeting shall be convened if required by a member of the Board of Directors or the Executive Director. Unless, despite the request of the Chairman of the Board of Directors, an invitation to a meeting is convened, an invitation may be submitted by the Executive Director or, if at least half of the members of the Board of Directors agree to a convening, a member of the Board The rules may provide otherwise for a member of the Board of Directors to convene a meeting.

ARTICLE 6
Government protocol

A protocol shall be drawn up at the meeting of the Board of Directors, with significant decisions and votes. The minutes shall be signed by the President and at least one member of the Board of Directors. A member of the Board of Directors and the Executive Director shall have the right to have their dissent in the minutes. The minutes shall be numbered consecutively and kept in a reliable manner.

§ 7
Delegation of tasks

In an individual case or on the basis of a provision of the rules, the Board of Directors may take a decision on a matter falling within the general competence of the Executive Director.

The Board of Directors may decide to refer a matter to the Board of Directors of the Board of Directors or the Executive Director.

§ 8
Board members, alternates and President

Three to seven full members must be selected for the government. The rules may provide for a different number of members. The Board shall, however, have at least three full members.

The rules may provide for the election of an alternate member of the Board. What this law provides for a member shall also apply to an alternate.

The administration shall have a President. The Chairperson shall be elected by the Management Committee if it has not been decided on the election of the government or otherwise provided for in the rules.

§ 9
Selection and remuneration of board members

Unless the rules dictate otherwise, the government will complete itself. Where the Foundation has a Management Board, the Board of Directors shall be elected by the Board of Directors, unless the statutes provide otherwise.

Unless the Management Board or the entity designated by the rules has appointed members of the Board of Directors for the next term of office before the start of the new term of office, the Board shall complete itself, unless otherwise specified in the rules.

A member of the Board of Directors may be paid a normal fee and compensation for the work carried out in favour of the Foundation, unless the payment is limited by the rules. The same shall apply to the member of the Foundation's Board of Directors, including the remuneration of the Foundation's group or foundation, and other remuneration.

ARTICLE 10
Admission of the Board member

A member of the Board of Directors may not have legal personality or a minor or who has been assigned a trustee whose viability is limited or bankrupt. The effect of the ban on business is laid down in the law on the business ban (1059/1985) .

However, the Government of the Foundation or its member may, as a member of the Article 4 of the ec Treaty ( The authority referred to in paragraph 1 or members of the board of the institution referred to in that paragraph.

At least one member of the Board of Directors shall have his habitual residence or domicile in the European Economic Area, unless the registration authority authorises the Foundation to depart from this.

ARTICLE 11
Government mandate

The term of office of a member of the Board of Directors shall be three calendar years, unless the rules provide for another term of office.

If a member of the Governing Board is elected by a Board of Directors or by an entity other than the government, the rules may provide for an indefinite term of office. If the Governing Board of the Foundation chooses its members, the Foundation's founding charter may stipulate that the term of office of one of the members of the Board of Directors will last a lifetime or otherwise for the time being.

ARTICLE 12
Withdrawal of a Board member

A member of the Board may resign before the end of his term of office.

The withdrawal shall take effect no earlier than the notification to the Board of Directors. If a board member has been elected by a government other than the government, the withdrawal shall also be communicated to the constituent.

If a member of the Board of Directors has reason to believe that the Foundation no longer has any other members of the Board of Directors, he shall inform those who choose the members of the Board. Where the Board of Directors no longer exists or the Governing Board of the Foundation completes itself, it shall be notified to the registry authority.

ARTICLE 13
Separation of a Board member

If a member of the Board of Directors is elected by a government other than the government, the rules may specify the right of the electorate to dismiss the Member.

If a member of the Board of Directors has lost the qualification provided for by law or laid down in the rules for a period of at least one year, the appellant or, if the appellant no longer exists or does not immediately decide to separate, the board shall separate the board from the government.

The term of office of the dismissed member shall expire when the suspension has been decided, unless otherwise specified in the decision.

ARTICLE 14
Supplementing the Government

Where a member of the Board of Directors becomes vacant during the term of office, or if the Member loses the eligibility referred to in Article 10, the alternate member shall be replaced by the alternate member in accordance with the rules laid down or alternates, until such time as: The member has been elected. In the absence of an alternate, other members of the Board shall ensure that the new member is elected for the remainder of the current term of office or the number of members of the Board of Directors is reduced, unless otherwise specified in the Statute. Where a choice is made to the Management Board and the Board of Directors is quorum, the choice may take place at the next meeting of the Governing Board.

§ 15
Managing Director

The Executive Director shall ensure the purpose of the Foundation's purpose and manage the Foundation's other day-to-day management in accordance with the instructions and instructions of the Board of Directors ( General competence of the Executive Director ). The Executive Director shall be responsible for ensuring that the Foundation's accounts are in accordance with the law and in a reliable manner. The Executive Director shall provide the Government and the Member with the information necessary to carry out the task of the Management Committee.

The Executive Director shall take into account the scale and the quality of the Foundation's activities, taking account of unusual or extenuating measures only if the Board of Directors has delegated him to it or the decision of the Board of Directors cannot be expected without prejudice to the Foundation's activities Harm. In the latter case, the government must be informed as soon as possible.

ARTICLE 16
Presence of the Executive Director at the institution

The Executive Director shall have the right to be present at the meeting of the institution and shall exercise the power of speech, even if he is not a member of the institution, unless the institution decides otherwise or otherwise.

§ 17
Provisions applicable to the Executive Director and his replacement

The Executive Director shall also be subject to the provisions of Article 2 (2) on unqualified decisions, Article 4 and Article 10 (1) of the Qualification Act.

The Executive Director cannot be the Chairman of the Board.

The place of residence of the Executive Director shall be in the European Economic Area, unless the registration authority authorises the Foundation to depart from this.

As far as the Executive Director is concerned, this law also applies to his replacement.

ARTICLE 18
Selection, resignation and dismissal of the Executive Director

The Board of Directors chooses the Executive Director.

A legal person cannot be elected as Executive Director.

The Executive Director shall have the right to resign. The withdrawal shall take effect no earlier than the notification to the Board of Directors.

The Board of Directors may dismiss the Executive Director.

§ 19
Functions of the Board

The Governing Board shall supervise the management of the Foundation under the responsibility of the Management Committee and the Executive Director.

In addition to the provisions of paragraph 1, the Administrative Board:

1) select its members;

(2) select members of the board;

3) select auditors;

(4) decide on its own fees and on the remuneration of the members of the Board of Directors and the auditors;

(5) adopt the financial statements and the activity report;

(6) decide on matters relating to a substantial reduction or extension of activity or an essential modification of the Foundation's organisation; and

7) Decides to amend the rules, merger and discharge of the Foundation.

The provisions of the Management Board, as provided for in paragraph 2, may be laid down in the Rules. However, the rules may not govern the right of the Board or the Executive Director to elect members of the Management Board.

Otherwise, the Board of Directors may only be subject to general government competence. The Board of Supervisors shall not be authorised to represent the Foundation.

Unless otherwise provided for in this Act, the Board of Directors shall have no jurisdiction to the Governing Board for the tasks provided for by law or the statutes of the Foundation.

§ 20
Access to the Management Board

The Board of Directors, the member of the Board of Directors and the Executive Director shall provide the Management Board and the member with the information necessary for the performance of the tasks of the Management Board.

ARTICLE 21
Members of the Management Board and Chairman

The number, selection and term of office of the members of the Management Board shall be governed by the rules of the Foundation.

The Governing Board shall have at least three members. The Executive Director shall not be a member of the Management Board.

The Chairperson shall be elected to the Management Board. The Chairperson shall be elected by the Management Board if, when the Management Board is elected, no decision has been taken or the rules prescribe otherwise.

§ 22
Provisions applicable to the Management Board

The Administrative Board and its members shall also be subject to the provisions of Article 2 (2) of Article 2 (2) of the Rules of Procedure, Articles 3 to 6 for decision-making, aesthetic, meeting and minutes, Article 8 (2), and Article 9 (3) And Article 10 on the eligibility of the member of the Board of Directors, Article 12, separation, Article 13 and Article 14 of the Board of Directors.

ARTICLE 23
Representative

The government represents the Foundation. The Executive Director may represent the Foundation in a case which, pursuant to Article 15, is part of his duties.

The rules may stipulate that a member of the Board of Directors or the Executive Director shall have the right to represent the Foundation or that the Board of Directors may grant the right to a member, the Executive Director or any other designated person. The Board of Directors may at any time withdraw its right to represent the Foundation.

If all members of the Foundation's Board of Directors, the Executive Director and the designers are habitually resident in Finland, the Foundation shall have a representative who has his habitual residence in Finland and the right to take up challenges and other communications on behalf of the Foundation. The validity of Article 10 (1) shall apply to the eligibility of the representative. The representative shall be entered in the Register of Foundations. Notwithstanding the rest of the law, the challenge and other service shall be deemed to have been notified to the Foundation when it has been notified to the representative.

§ 24
Restrictions on privileges

Only a restriction on the right of representation of a foundation, according to which two or more of them have only one right, may be included in the foundation register.

ARTICLE 25
The binding nature of the representative's activities

The Foundation's legal act on behalf of the Foundation, acting on behalf of the Foundation shall not bind the Foundation if:

(1) the Foundation has exceeded its eligibility by acting contrary to the purpose of the foundation laid down in Article 2 (1) and the rules laid down in the statutes or a ban on the issue of district interests;

(2) the representative has acted in breach of the restriction referred to in Article 24; or

3) the representative has exceeded his powers and the person to whom the legal action was or should have been aware of the overture.

In the case referred to in paragraph 1 (3), it is sufficient to indicate that the addressee of the proceedings or that he should have been aware of the overture of the jurisdiction cannot be regarded merely as having regard to the restrictions on jurisdiction Is registered.

Chapter 4

Financial audit

ARTICLE 1
The audit obligation and the applicable law

An audit shall be carried out at the Foundation.

The Foundation's audit is otherwise in force, as is the case in this chapter and in the audit law (209/2007) Provides.

ARTICLE 2
Auditing of accounts and audit report

The Foundation's audit shall be transmitted within six months of the end of the financial year.

In addition to the statutory audit law, the audit report shall contain an opinion on whether the Foundation's annual accounts and activities report on the Foundation's activities in the financial year, which are relevant to the purpose of the Foundation, In order to assess compliance with the rules on operations, and whether the fees and allowances paid by the Foundation and its subsidiary and its subsidiary body and foundation are to be regarded as normal.

ARTICLE 3
Selection of the auditor

The Board of Directors shall select one or more auditors for the Foundation, unless otherwise specified in the Regulation. Where the Foundation has a Management Board, the Governing Board shall select one or more auditors for the Foundation, unless otherwise specified in the Statute.

§ 4
Superintendent

The obligation to choose the body inspector is laid down in Article 4 of the Audit Act. The Foundation may choose one or more safety inspectors, even if there is no obligation to do so. The choice of the auditor is otherwise subject to the choice of the auditor's choice in Article 3.

§ 5
The term of office of the auditor

The auditor shall be selected to carry out an audit for one financial year, unless the rules provide for a longer term or permanent term of office. The task shall end when the annual accounts for the audited financial year are fixed on the Management Board. Where the Foundation does not have a Management Board or the Board of Directors is not responsible for strengthening the accounts, the statutory auditor shall be completed when the audit report has been issued, unless the rules or auditors choose to decide otherwise.

The total duration of successive mandates of the Foundation's auditor may not exceed seven years. After the above maximum period, the auditor may re-participate in the audit of the Foundation not earlier than four years after the end of the audit function. Where an audit firm has been appointed as an auditor, the Community shall not apply to the Community as provided for in this Article, but only to its main responsible auditor.

Chapter 5

Annual accounts and annual report

ARTICLE 1
Accounting law application and financial year

The financial statements and the annual report shall be drawn up in accordance with the accounting law and the provisions of this Act.

The financial year of the Foundation shall be the calendar year, unless otherwise specified by law or by the rules.

ARTICLE 2
Activity report

An activity report shall always be drawn up for the financial year, with the information required under Article 1 (6) of Chapter 3 of the Accounting Act.

In addition to the financial year provided for in paragraph 1, the annual report shall state:

(1) the manner in which the Foundation has acted for its purpose; and

(2) information on the grants and other parts of the community and foundations referred to in Article 8 (1) (1) to (4) and (6) of Chapter 1 of the Foundation, with the exception of the community and the foundation controlled by the person or persons referred to in point 5 of that paragraph; Or of any other economic activity between the Foundation and the Foundation mentioned in this paragraph.

The information referred to in paragraph 2 (2) shall indicate the nature of the related party relationship, the description of the action or economic interest, and the monetary value of the action or economic advantage. The information may be broken down into all or part of the total or partial benefits and other economic activities covered by each of the related areas referred to in Section 8 of Chapter 1.

The report shall provide a report if the Foundation has acquired control of another accounting officer or has been involved in the merger for the financial year. The report shall also provide a report if the Foundation's rules have been changed for the financial year.

The information referred to in Article 2 (1), other than those referred to in Article 2 (1), may be disclosed in the form of notes to the accounts, unless otherwise provided for in the Accounting Act.

ARTICLE 3
Money loans, responsibilities and contingent liabilities

The report shall separately identify the rates, responsibilities and contingent liabilities in respect of the related parties referred to in Article 2 (2) (2) and their principal terms and conditions, provided that: The total amount exceeds eur 20 000 or 5 % of the equity capital of the Foundation. In addition, it is necessary to indicate how loans, liabilities and contingent liabilities relate to the realisation of the Foundation's purpose, its activities and its financial management.

§ 4
Consolidated financial statements

In addition to the rest of the consolidated financial statements, the provisions of this Chapter shall be respected.

The Group of the Group of the European People's Party shall always draw up consolidated financial statements. However, the financial statements of the subsidiary may be excluded from the consolidated financial statements if the combination is unnecessary for the purpose of providing accurate and sufficient information on the activities and the financial position of the Foundation, taking into account the Provisions on the purpose and operation of the Foundation.

§ 5
Registration of accounts and activity report

The Foundation shall report the financial statements with its balance sheet breakdown, activity report and audit report ( Annual report ) Registration authority within six months of the end of the financial year. Copies of the said documents shall be attached to the notification. The annual report shall be public with the exception of balance sheet breakdowns which are kept secret.

ARTICLE 6
Instructions and opinions of the Accounting Board

The Accounting Board, as provided for in Article 2 of Chapter 8 of the Accounting Act, may issue guidelines and opinions on the application of the provisions of this Act concerning the preparation of the annual accounts and the activity report.

§ 7
The group

If the Foundation has control over another domestic or foreign entity or foundation within the meaning of Section 5 of Chapter 1 of the Accounting Act, the Foundation shall be a subsidiary and a subsidiary. The Mother Foundation and its subsidiaries form a group.

The Foundation shall also have control over another entity or foundation, even where the Foundation, together with one or more of its subsidiaries, or the subsidiary alone or in association with other subsidiaries, is referred to in Article 5 of Chapter 1 of the Accounting Act: Control in the other entity or the foundation.

Chapter 6

Amendments to the rules

ARTICLE 1
Amendments to the rules

Changes to the rules are decided by the government. If the Foundation has a Governing Board, it shall decide to amend the rules, unless the rules provide that the rules are to be changed by the Board of Directors.

The rules may stipulate that their amendment requires the consent of the body governed by the rules.

Where the rules have been issued to a founder or a given person or to a legal person in connection with the activities of the Foundation, the amendment of that provision shall be subject to the agreement of the entity provided for in the Statute, unless the rules provide otherwise. The extension of the term of office of a member of the Board of Directors or of a member of the Board of Directors for a period of more than 7 years, for life or otherwise, shall be subject to the prior consent of the founder, unless otherwise specified in the statutes.

The amendment of the rules by limiting the rights of the founder, as referred to in Article 1 of Chapter 7, shall be subject to the agreement of the founder.

ARTICLE 2
Changing the purpose of the Foundation

The purpose of the Foundation shall be changed if the use of the Foundation's resources for its intended purpose is, as a result of a change in circumstances, impossible or materially impaired, in whole or in a significant way, or contrary to the law.

The purpose of the Foundation may be changed if the use of the Foundation's resources for the purpose assigned to it is, by reason of a change in circumstances, irrelevant and the purpose of which is to change the meaning of the Foundation's resources efficiently and effectively. Condition.

The new purpose must not materially depart from the original purpose.

The statutes of the foundation may lay down the conditions for the change of purpose, contrary to the provisions of paragraphs 1 to 3.

The decision to amend the purpose referred to in paragraph 1 shall be valid if the decision is supported by more than half the members of the institution. The decision to modify the purpose of the foundation referred to in paragraphs 2 and 4 shall be valid if it is supported by at least three quarters of the members of the institution. The rules may stipulate that a greater majority of votes shall be required. The decision to abolish the rule of law referred to in paragraph 4 shall be taken by the unanimous decision of all members of the institution, unless the founder has laid down a decision-making requirement for the purpose of establishing the Foundation. The conditions referred to in paragraph 4 shall not otherwise be altered.

ARTICLE 3
Modification of the Foundation's duration

Where the use of the Foundation's resources for its intended purpose is pointless, in whole or in essential terms, the Foundation's rules may also be amended in such a way that the Foundation is subject to a time limit within which its The funds must be used and the foundation must be dismantled.

Where the change in the rules referred to in paragraph 1 is notified to the registration authority, the application shall be accompanied by a statement by the Foundation's auditors that all known debts have been paid or that the Foundation's known Creditors have agreed to change the Foundation for a period of time.

§ 4
Meeting call

A decision to amend the rules shall not be taken if the matter has not been mentioned in the notice of the meeting.

The invitation shall indicate the main content of the change.

§ 5
Registration of a code change

The decision to amend the rules shall be notified without delay and shall not be implemented until it is registered.

The change in the rules will be registered in the Foundation Register if the conditions for amendment of the rules are met and the rules are amended in accordance with the law.

PART III

PENALTIES AND LEGAL PROTECTION

Chapter 7

Decision mod

ARTICLE 1
Decision to reproach

The Governing Board, the Board of Directors, the Board of Directors, the Board of Directors and the founder of the Foundation may criticise the decision of the Governing Board and the Board of Directors against the Foundation if:

(1) the procedure has not been followed in accordance with the procedural provisions of this law or the provisions of the Foundation's rules and the failure to act have had an effect on the content of the decision; or

(2) the decision is contrary to the rules of this law or of the foundation.

The reference shall be raised within three months of the date of the decision. If the action is not brought within the time limit, the decision shall be considered valid.

The fundamental rights of the founder may be limited by the rules.

The rules may provide that a specific body is entitled to criticise the decision of the Foundation as provided for in paragraphs 1 and 2.

The registration authority's right to prohibit the implementation of the decision is laid down in Chapter 14.

ARTICLE 2
An unqualified decision

A decision of the Management Board or Government shall be null and void if:

(1) a meeting has not been submitted in the case referred to in Article 3 (6) of Chapter 3 or the provisions or provisions relating to the invitation to the meeting have been substantially infringed and the content of the decision may have been affected;

(2) the consent of the entity provided for in the law has not been obtained;

(3) the decision should not have been adopted in accordance with this law or by rules, even with the consent of all members of the institution.

To confirm that the decision is null and void, the Board of Directors of the Foundation, the Board of Directors and their Member, the founder and the rules laid down therein shall be brought up.

In order to strengthen the action to confirm that the decision is null and void, the provisions of Article 1 (2) shall not apply to the lodging of such a claim within the time limit. However, the application for a merger or discharge decision cannot be brought when more than six months have elapsed since the merger or termination of the merger.

ARTICLE 3
Content of the judgment

In the judgment in the proceedings, the decision may, at the applicant's request, be declared invalid or invalid or may be amended. At the same time, at the request of the applicant, the Foundation may be prohibited from implementing an invalid decision. A decision can only be taken if it can be established what the content of the decision should have been.

Chapter 8

Damage compensation

ARTICLE 1
Obligation to pay damages

A member of the Board of Supervisors, a member of the Board of Directors and the Executive Director shall reimburse the damage which he or she has carried out in breach of the duty of care provided for in Article 4 of Chapter 1 intentionally or through negligence.

A member of the Board of Supervisors, a member of the Board of Directors and the Executive Director shall also replace the damage he or she has in his or her duty to the Foundation or to any other person, intentionally or negligently, by a breach of this law or of the rules of the foundation.

Where the damage has been caused by an infringement of this law by any other means other than that laid down in Article 4 of Chapter 1, or where the damage has been caused by an infringement of the rules of the foundation, the damage shall be deemed to have been caused by negligence, unless the procedure is responsible for: Have been carefully observed. The same shall apply to the damage caused by a measure within the scope of the Foundation referred to in Article 8 of Chapter 1.

Paragraphs 2 and 3 shall apply, in accordance with Article 6 (2) of Chapter 2 and Article 7 (2) of the same Chapter, to the liability for damages imposed by the District Court.

ARTICLE 2
Accountability of the auditor

The statutory auditor's liability is governed by Article 51 of the Court of Auditors.

ARTICLE 3
Mediation and distribution of liability

The settlement of damages and the distribution of liability between two or more liable parties shall be governed by the (1999) Chapters 2 and 6

§ 4
Decision-making in the Foundation for the liability of damages

The issues relating to the award of damages under Article 1 of the Foundation and Article 51 of the Statute of the Court of Auditors shall be decided by the Government. If the Foundation has a management board, it will decide on these matters if it is not governed by the rules of the government.

§ 5
The right of other persons and authorities to pursue an action for the benefit of the Foundation

On the basis of Article 51 of the Statute of the Court of Justice of the European Communities, the Court of Justice and the Court of Justice shall, in accordance with Article 51 of the Statute of the Court of First Instance, have the right to pursue an action for damages to the foundation under Article 1 or Article 51 of the Statute of the Court of Auditors. It is likely that the Foundation will not take care of the claim for damages.

The Foundation shall be given an opportunity to be heard, unless it is manifestly unnecessary. The applicant shall bear the costs of the proceedings themselves, but the applicant shall be entitled to receive compensation from the Foundation if the financial resources available to the Foundation are sufficient.

ARTICLE 6
On the statute of limitations

Under Article 51 of this Chapter or Article 51 of the Court of Auditors, an action based on non-punishable acts shall be raised:

(1) against a member of the Board of Directors, a member of the Board of Directors and the Executive Director within five years of the end of the financial year in which the decision was taken or the measure on which the action was based was taken;

(2) against the auditor within five years of the submission of an audit report, statement or certificate; and

3) against the executor of the testament foundation within five years of the decision or measure on which the action is based.

§ 7
Mandatory

The statutes of the Foundation may not restrict the right to compensation for damages under Article 51 of this Chapter or the Court of Auditors.

Chapter 9

Dispute resolution

ARTICLE 1
The competent court

Notwithstanding the legal position of the dispute In Chapter 10 of the Court of Justice , the application of this law or of the statutes of the foundation may also be examined in the district court in which the Foundation has its seat.

ARTICLE 2
Urtically-treated matters

The issue of payment or security of security, for which the judgment in Chapter 11, Section 11, is a condition for registration, must be addressed as a matter of urgency.

The matter of the decision referred to in Chapter 7 shall be dealt with as a matter of urgency.

ARTICLE 3
Notifications for the Foundation

The challenge and other service shall be deemed to have been communicated to the Foundation where it has been served on a member of the Board of Directors, the Executive Director or any other person who, individually or in combination with another, is entitled under this law to represent the Foundation.

If none of the representatives of the Foundation referred to in paragraph 1 is entered in a foundation register, service may be effected by handing over documents to a person employed by the Foundation or, if no such person is met, the seat of the foundation The police authority, in addition to Article 7 of Chapter 11 of the Court of Justice (2) to (4).

§ 4
Notification of decisions

Where a solution concerns a substantive issue in the Foundation Register, the court shall, without undue delay, inform the registry authority of its decision. The court or tribunal shall also inform the register of the validity of the decision.

Chapter 10

Penalty provisions

ARTICLE 1
Foundation crime

Every intention.

(1) the provisions relating to the drawing up of the opinion referred to in Article 4 of Chapter 11, or

(2) distribute the Foundation's resources, in breach of Article 2 (1) of Chapter 1, of an economic interest for the purpose or activities of the Foundation's related activities referred to in Article 8 of Chapter 1, or by way of derogation from the statutes of the Foundation;

Shall be condemned, if the act is not minor or otherwise provided for by law, On a foundation crime Fine or imprisonment for a period not exceeding one year.

ARTICLE 2
Foundation infringement

Who, on purpose or of gross negligence, is in breach of

1) Article 7 (1) of Chapter 2 of the obligation to declare or

(2) infringes the provisions of Chapter 5, Chapter 11, Article 13 or Article 15 of Chapter 12 of the financial statements, the activity report or the consolidated financial statements, or the adoption of a final statement on the merger or liquidation of the Foundation;

Shall be condemned, if the act is not minor or otherwise provided for by law, On the foundation infringement Fine.

PART IV

MERGING AND DISMANTLING

Chapter 11

Merging

ARTICLE 1
Merging

Foundation ( Mergerfoundation ) May be assimilated to a foundation which is essentially similar to the other purpose and purpose of the change of purpose ( Receiving foundation ), when the assets and liabilities of the Foundation are transferred to the receiving foundation.

When establishing the Foundation, the rules may determine the conditions for the merger as provided for in paragraph 1. The decision to abolish the rules on the conditions for the merger shall be taken by the unanimous decision of all members of the institution, unless the founder is established by the Foundation in the setting up of a foundation.

If the purpose of the foundation is to support a person or legal person provided for in the statutes, the agreement shall be subject to the consent of that entity, unless otherwise specified in the rules.

ARTICLE 2
Procedures for the merger

The merger may take place in such a way that:

1) one or more of the merging institutions merge into the receiving foundation ( Absorption simulation ); or

2) at least two of the merging foundations will merge by setting up a host foundation ( Combination ulation ).

A subsidiary merger shall mean absorption simulations in which the foundations involved in the merger are owned by all the shares and shares of the merging company or the cooperative, as well as any rights of option and other equity and other equity Special rights.

For the purposes of this chapter, the foundations involved in the merger are the Foundation and the receiving foundation.

The merger of a subsidiary company shall be subject to the provisions of (624/2006) Provides for a merger between the merging subsidiaries. The merger of a subsidiary company is subject to the provisions of the Housing Company Act (1599/2009) Provides for a merger of subsidiaries in the case of a merging company. The merger shall be subject to the provisions of the Law of the (421/2013) Provides for a subsidiary merger in the case of the merging municipal council.

ARTICLE 3
The merger plan

The governments of the foundations involved in the merger must draw up a written draft terms of merger, which must be dated and signed.

The merger plan shall include:

(1) the names of the associations involved in the merger, the corporate and community symbols and the seats;

2) a statement of the reasons for the merger;

3. In relation to absorption, a proposal for a possible change in the statutes of the host Foundation, as well as a proposal for a statute to be set up by the Foundation, and an indication of how members and auditors of the institution of the foundation to be set up; Chosen;

4) a proposal for the basic capital of the host foundation;

(5) an explanation of the assets and liabilities and the valuation of the merged Foundation, the planned impact of the merger on the balance sheet of the acquiring institution and the accounting methods applied to the merger;

(6) a proposal for the right of the Foundation to decide on the arrangements for non-conventional activities affecting the amount of their own capital;

(7) a statement on the corporate mortgage law on the assets of the merging institutions; (18/04/1984) Of the European Parliament and of the Council;

(8) a proposal for a planned registration date for the implementation of the merger; and

9) a proposal for possible other merger conditions.

The merger plan replaces the memorandum of incorporation of the host Foundation.

§ 4
Statement by the auditor

The governments of the foundations participating in the merger shall appoint one or more auditors, who shall issue an opinion on the report referred to in Article 3 (2) (5).

In addition, the auditor's opinion shall assess whether the merger is likely to jeopardise the payment of the liabilities of the receiving institution.

§ 5
Conclusion of the merger

The decision of the merging Foundation for a merger shall be taken as provided for in Article 2 (2) of Chapter 6, unless otherwise specified in the Statute.

In the host Foundation, a decision on a merger shall be taken as provided for in Sections 1 and 2 of Chapter 6, unless otherwise specified in the rules.

ARTICLE 6
Meeting call

A decision on a merger shall not be taken if it has not been mentioned in the notice of the meeting.

The meeting shall be accompanied by a draft of the draft terms of merger and the auditor's opinion provided for in Article 4.

§ 7
Registration of the merger plan

The merger plan shall be notified to be registered within four months of the adoption of the draft terms of merger by the merging institutions. The notification shall be accompanied by the consent referred to in Article 1 (3), the opinion referred to in Article 4 and the decisions concerning the merger of the Foundation participating in the merger.

The notification shall be made by the foundations participating in the merger together.

The merger shall lapse if the notification is not filed within the deadline or the registration is refused.

The merger plan shall be registered in the Register of Foundations if the conditions for the merger are fulfilled and if the draft terms of merger are drawn up and the merger decided in accordance with the law. The amendment of the rules and the creation of a new foundation shall not be entered in the register until the notification provided for in Article 10 is registered.

§ 8
Alert to creditors

The creditors of the merged entity, whose claim has been incurred prior to the registration of the draft terms of merger, shall be entitled to object to the merger. The same right also applies to a creditor whose claim is directly enforceable in the form of a law on the enforcement of taxes and charges. (20/2007) Shall be laid down and produced at the latest on the date referred to in paragraph 2.

Following the registration of the draft terms of merger, the registrant shall, without delay, issue an alert to the creditors referred to in paragraph 1, which refers to the creditor's right to oppose the merger by notifying it in writing To the registry authority at the latest on the date specified in the alert. The registration authority shall publish the alert in the Official Journal no later than three months before the date of the date and shall register the alert on its own motion. The registry authority shall indicate the creditors' alerts and the abovementioned deadline for the merging foundations before the alert.

An alert shall also be issued to the creditors of the receiving foundation if, according to the opinion of the auditor referred to in Article 4, the merger is liable to jeopardise the payment of the debts of the acquiring institution. The creditors of the receiving Foundation shall then be subject to the creditors of the acquiring foundation.

§ 9
Foundation's written declaration to creditors

No later than three weeks before the date of destination, the Foundation shall send a written declaration to the known creditors referred to in Article 8 (1).

ARTICLE 10
Communication on the implementation of the merger

The foundations participating in the merger shall notify the registry authority of the implementation of the merger within four months of the end of the period laid down in Article 8 (2) or the merger shall lapse. The notification shall be accompanied by:

(1) a declaration by members of the board of directors of each of the merging institutions and the Executive Director that the merger has complied with the provisions of this law;

(2) a certificate issued by a member of the Board of Directors and the Executive Director for the sending of the declarations referred to in Article 9; and

(3) decisions concerning the merger of the foundations involved in the merger.

The notification shall provide information on the members and the auditor of the new Foundation for Combination.

ARTICLE 11
Conditions for registration of mergers

The registry authority shall register the merger if the creditors have not contested the merger, or where the creditors have received a payment or a security guarantee from their claims.

If the creditor has objected to the merger, the registry authority shall inform the Foundation without delay after the deadline. In the case of a creditor, the merger shall lapse after four months from the date of the deadline. However, the registry authority shall suspend the proceedings if, within four months of the date of the application, the Foundation points to the initiation of an action to confirm that the creditor has received a payment or a security guarantee, or if: The Foundation and the creditor collectively request that the case be adjourned.

If the draft terms of merger has been amended after its registration, the merger may be registered if the conditions for the merger are met and the change in the draft terms of merger has been drawn up and the merger has been decided in accordance with the In accordance with

The merger can be carried out even if the merged foundation has been liquidised.

If, in the event of a merger, more than one asset is subject to a business mortgage within the meaning of a business mortgage law, the merger shall not be registered unless, on the basis of an application, the The agreement of the mortgage holders on the organisation of the privileges of mortgages.

ARTICLE 12
Legal effects of the merger

The assets and liabilities of the merging Foundation shall be transferred to the recipient foundation when the merger has been implemented. At the same time, the foundation will erupt and the foundation receiving the combination will be created. Where absorption has been agreed to change the rules of the receiving Foundation, the amended rules shall be registered with the registration of the merger.

The assets and liabilities of the merging Foundation shall not be included in the balance sheet of the receiving foundation from a higher value than their financial value to the receiving foundation.

ARTICLE 13
Final statement

The Board of Directors and the Executive Director of the merging Foundation shall, as soon as possible after the merger, prepare a financial statement and report for the period from which the annual accounts have not yet been approved ( Final statement ). The final statement shall be submitted to the Foundation's auditors, who shall, within one month, submit an audit report on the final statement.

Where the Foundation has a management board and its task is to certify the financial statements, the Board of Directors shall, without undue delay, convene a meeting of the Governing Board after the operations referred to in paragraph 1.

The final statement shall be reported as being registered as provided for in Section 5 of Chapter 5.

ARTICLE 14
Cancellation

Even if the merger is registered, it will be cancelled if the merger decision is invalid according to the judgment of the Court. The merging Foundation and the receiving Foundation are jointly responsible for the obligation of the host Foundation which was born after registration of the merger but prior to the registration of the judgment.

Chapter 12

Termination of the foundation

ARTICLE 1
Chewing

The Foundation shall be dissolved in accordance with the provisions of this Chapter on the settlement procedure.

A foundation placed in a bankruptcy shall be deemed to have been discharged if, at the end of the bankruptcy, there is no assets or a bankruptcy has been imposed on its use.

The Foundation may also erupt as a result of the merger, as provided for in Chapter 11.

ARTICLE 2
Removal from the register

The Registry shall be removed from the register instead of the liquidation, if the Foundation's assets are not sufficient to pay the liquidation costs or the amount of the funds is not available, and no one declares that they will take over the liquidation procedure. Costs.

ARTICLE 3
Conditions and the Foundation's decision to liquidating

The Foundation may be placed in liquidation if:

(1) it has been set up for a fixed period and has elapsed;

(2) it has been set up under the conditions laid down and the conditions for which it is intended no longer exist;

(3) the use of its funds for its intended purpose is impossible or materially hampered, in whole or in a significant way, or against the law, and the purpose of the foundation cannot be changed.

The statutes of the Foundation to be set up may determine the foundation of the Foundation's winding-up in accordance with the provisions laid down in paragraph 1. The decision to lift the rules on the conditions for landing shall be taken by a unanimous decision of all members of the institution, unless the founder of the Statute has laid down anything else in the establishment of the Foundation.

The Board of Directors decides on the liquidation of the foundation. Where the Foundation has a Management Board, it shall be decided by the Management Board, unless the rules provide that it is decided by the Management Board.

The decision on the liquidation of the Foundation shall be valid if it is supported by a majority of the members of the institution, unless the rules provide for a higher qualified majority.

A decision to impose a liquidation shall not be made if the matter has not been mentioned in the notice of the meeting.

§ 4
Domination in liquidation

The registry authority may order the Foundation's liquidation or deletion from the register if:

(1) the Foundation does not have a government-registered office or a new government to be appointed in accordance with Article 11 of Chapter 14;

(2) where ten years have elapsed since notification to the Foundation in the Foundation Register; or

3) the foundation has been declared bankrupt which has lapsed as a result of the lack of funds.

The order may be issued unless, before a decision is taken, there is no longer any justification for it.

§ 5
Correction call

In the circumstances referred to in Article 4 (1) (1) and (2), the registry authority shall invite the Foundation to remedy the deficiencies in the information entered in the register. If the deficiencies are not remedied, the request shall be sent to the Foundation in writing and the request shall indicate that the Foundation may be ordered to liquidate or withdraw from the register, unless it is remedied by the deadline. This invitation shall be published in the Official Journal no later than three months before the date of destination. At the same time, creditors who wish to make comments on the imposition of the liquidation shall be invited to make the comments in writing by the deadline. The matter can be resolved, even if the Foundation could not appear to have received a request.

The registration authority shall be entered in the register, as referred to in paragraph 1, on its own motion.

ARTICLE 6
Access to justice

The proceedings for the liquidation referred to in Article 4 may be initiated by a Board of Supervisors, a member of the Board of Directors, a member of the Board of Directors, a member of the Board of Directors, a director, an auditor, a founder or any other whose right may depend on: Appropriate registration or liquidation. The registry authority may also refer to it on its own initiative.

§ 7
Purpose of the settlement procedure

The purpose of the settlement procedure is to determine the assets of the Foundation, conversion of the necessary assets, the payment of liabilities and the release of the surplus according to the provisions of this law and the statutes of the Foundation.

If the assets of the Foundation in liquidation are not sufficient to repay its debts, the liquidator shall file for bankruptcy.

§ 8
Start of settlement mode

The liquidation shall commence when the decision on it is registered.

§ 9
Selection, imposition and duties of clearing members

At the same time, when a decision is taken on liquidation, one or more liquidator shall be elected to replace the Board of Directors and the Executive Director and the Management Board. The clearing man shall have sufficient knowledge of the quality and scale of the task, or knowledge of legal matters. The settlement man shall be subject to the provisions of this Act as provided for in this Act, subject to the provisions of this Chapter.

The decision on the registration of a liquidator shall withdraw the right to represent the foundation referred to in Article 23 (23) of Chapter 3, unless otherwise indicated in the decision.

Clearing men will take care of the Foundation's affairs during the liquidation period. They shall, as soon as possible, liquidate the amount of the Foundation's assets and repay the Foundation's debts. The business of the Foundation shall be continued only to the extent required by the appropriate explanation. The term of office of the clearing members will continue until further notice.

The registry authority shall assign a competent clearing member to a foundation which does not have it. The order may be applied to the person whose right may depend on the fact that the Foundation has a representative. If the Foundation's resources are not sufficient to pay the liquidation costs or the amount of the funds is not available and no one declares that they are taking over the costs of the clearing procedure, the registries may, instead of ordering the liquidator, remove the From the register

ARTICLE 10
Registration of liquidation and liquidator

When a decision has been taken on the liquidation and settlement of the Foundation, the Board of Directors shall immediately notify the decision to register.

Settlement status and liquidators shall be registered in the Register of Foundations if the conditions for the discharge of the foundation and the clearing members are fulfilled, and the opening of the liquidation and the selection of the liquidators has been decided in accordance with the law.

The term of office of the clearing members shall begin when the liquidation is registered.

ARTICLE 11
Annual accounts and activity report for the pre-liquidation period

If necessary, the clearing members shall prepare annual accounts and an activity report for the period preceding the liquidation period for which the annual accounts and the activity report have not yet been drawn up. The accounts shall be audited.

ARTICLE 12
Financial statements, activity report, audit and special audit for the period of liquidation

The clearing members shall prepare annual accounts and annual accounts for each accounting year.

The duties of auditors shall not cease to be settled by the foundation. During the liquidation period, Chapter 4 shall comply with the provisions of the audit. The audit report shall contain a statement as to whether the liquidation is unnecessarily prolonged and whether or not the liquidators have acted appropriately.

ARTICLE 13
Public challenge for creditors

Clearers shall apply for a public challenge to the creditors of the Foundation. The challenge is requested from the registries agency, which represents a challenge to the register. Otherwise, the challenge is laid down in the law on public challenges (2003) .

ARTICLE 14
Payment of debts, distribution of assets and partition

After the date of the public challenge to the creditors of the Foundation, the liquidators shall, once all known debts have been paid, share the property of the foundation. If the debt is debatable, undue or otherwise cannot be paid, the necessary resources must be separated and the residual amount allocated.

The funds of the windfall foundation may be transferred to a public body set up by the Foundation or to a foundation, association or other entity established by its owners, members, members, members, members of the Foundation, Or other beneficiaries are not entitled to the funds of the Community or the Foundation. Clearers shall draw up a proposal for the use of such funds for the purpose specified in the Foundation's rules or, where this is not possible, for the purpose of the foundation. The registration authority shall confirm the proposal made by the liquidator.

In the absence of a provision in the statutes of the Foundation, the funds to be released by the Foundation shall be transferred, in accordance with the decision to settle the liquidation, in accordance with the purpose of Article 3 (1) (5) of Chapter 2. Where the rules have not provided for the purpose for which the funds are to be released, they shall be disposed of in accordance with the decision to impose liquidation in favour of the purpose of the Foundation.

If the Foundation is to be dissolved in a court decision or in a decision to set up a liquidation, no provision has been made for the use of the Foundation's resources, a proposal must be drawn up by the liquidator, which shall be used by the Foundation. The funds shall be released if possible, as specified in the statutes of the Foundation. If the funds cannot be transferred to the purpose of the Foundation's rules, the funds shall be released, if possible, for the purpose of the foundation. The registration authority shall confirm the proposal made by the liquidator.

If the founder or the beneficiary of the rules, to whom the funds are to be surrendered in the event of an unwinding of the foundation, wishes to be informed of the division, the action against the Foundation shall be instituted within three months of the date of registration of the final statement in the registry authority.

§ 15
Final statement

After carrying out its duties, the liquidator shall, without undue delay, provide the final statement of administration by drawing up a report on the whole settlement procedure. The report shall include a description of the Foundation's assets. The report shall be accompanied by financial statements, annual activity reports and audit reports. The report, together with its annexes, shall be submitted to the Foundation's auditors, who shall, within one month, submit an audit report on the final statement and the management of the liquidation.

The final statement shall be reported as being registered as provided for in Section 5 of Chapter 5.

ARTICLE 16
Compression

The Foundation shall be deemed to be dissolved once the final statement has been registered by the registry authority.

After dissolution, the Foundation cannot acquire rights or enter into commitments. On behalf of the Foundation, the action taken by the Foundation following its liquidation shall be jointly and severally liable. However, the clearing members may take the measure in order to begin clearing operations or to file for bankruptcy. The other party to the agreement with the Foundation following its discharge may waive the contract if he did not know about the discharge.

§ 17
Continuation and post-clearance settlement

The liquidation shall be continued if new assets emerge following the dismantling of the foundation, an action to be taken against the Foundation or otherwise required. Settlement agents shall, without delay, make a notification of the extension of the liquidation notification for the purpose of registration.

However, if the extension of the settlement procedure is not deemed necessary, the liquidators may take the necessary measures. Clearers shall draw up a report on their measures and submit it to registration.

The liquidation shall not be continued if the Foundation's resources are not sufficient to cover the costs of clearing and settlement and no one shall report on the cost of the clearing procedure.

ARTICLE 18
Termination and continuation of liquidation

If a decision has been taken in the Foundation to liquidate the Foundation, the institution deciding the liquidation may decide that the liquidation shall be terminated and the Foundation's activities continued. If the liquidation is based on a rule, it is not possible to decide whether to continue operating until the order has been changed.

When a decision has been taken to terminate the liquidation, the Foundation shall be selected in accordance with this law and the rules of the Foundation.

The decision to terminate the liquidation and the selection of the management shall be notified immediately after the selection of the management. The public challenge applied to the creditors of the Foundation shall lapse when the liquidation of the liquidation is registered. Clearing officers shall submit a final statement in accordance with Article 15.

§ 19
Date of removal from the register

The Foundation has been removed from the register once the Authority's decision has been entered in the register.

§ 20
Representative of the Foundation excluded from the register

Where appropriate, the Foundation shall be represented by one or more representatives. The registry authority may submit an application to the District Court of the Foundation's seat to designate representatives. Article 21 provides for the ability of the representatives to act on behalf of the Foundation. Representatives shall otherwise be subject to the provisions of the liquidators.

Where a foundation removed from the register does not have a representative, the submission of a subpoenas and other service shall be subject to the provisions of Article 3 (2) of Chapter 9.

ARTICLE 21
Legal status of the Foundation removed from the register

Where appropriate, the provisions of Article 16 (2) shall apply to the Foundation removed from the register. However, the Foundation shall be represented by the representatives referred to in Article 20 (1).

Notwithstanding paragraph 1, representatives of the Foundation removed from the register may take measures which are necessary to pay the foundation's debt or to preserve the value of the Foundation's assets. Where appropriate, the activities carried out on behalf of the Foundation shall be entered in the Foundation's accounts. As regards the effect of the abolition of the register, the validity of the business mortgage is laid down in the business mortgage law.

The funds of the Foundation that have been removed from the register cannot be split without the clearing procedure. However, representatives of the Foundation may, five years after the removal from the register, distribute funds in accordance with Article 14 (3) and (4) if the Foundation's assets do not exceed eur 8 000 and the Foundation has no known liabilities. The funds received correspond to the amount of the funds received by the Foundation.

If, after removal from the Foundation's register, clearing operations are required, the registry authority shall, upon application by the competent authority, order the foundation to be settled. However, there will be no provision if the Foundation's resources are not sufficient to cover the costs of clearing and settlement, and no one declares that they will bear the costs of the liquidation.

§ 22
Reduction in the Foundation's resources

If the governing board of the Foundation finds that the Foundation's own capital is negative, the Board of Directors shall immediately make a declaration of the loss of its own capital. The registration of a capital loss may be deleted on the basis of a registry declaration made by the Foundation if the Foundation has a record of its own in the balance sheet and in accordance with Article 2 (2) of the registration declaration. Capital remaining. The balance sheet and the other report shall be audited.

For the purpose of calculating capital, the difference between the depreciation of the Foundation's assets and depreciation (depreciation) and voluntary reserves by the Foundation shall be taken into account in the form of equity capital. If, by the way, the likely disposal price of the Foundation's assets is substantially higher than its accounting value, the difference between the probable supply price and the book value shall also be taken into account as an increase in equity. The capital injections referred to above shall be subject to special care and shall be accompanied by a reasoned statement of the activity report or off-balance sheet.

ARTICLE 23
Foundation restructuring

Application by law on company restructuring (187/1993) May be initiated by a decision of the Government. Where the Foundation has a Management Board, the Management Board shall decide on the application, unless the rules provide that the application is made by the Board of Directors. If the application is made by the Management Board, the Board of Directors may submit an application if the matter is urgent. The Board of Directors shall, without delay, convene a meeting of the Board of Directors without delay.

§ 24
Koncourses

The assets of the foundation may be released into bankruptcy by the government or, if the Foundation is in liquidation, on the basis of the decision of the liquidator. During the course of the course, the Foundation shall be represented by the Board of Directors and the Executive Director, or the liquidators selected before the start of the bankruptcy. During the course of the course, new members of the government or new liquidator may be selected.

If, at the end of the bankruptcy, no property or bankruptcy has been imposed on the use of the remaining assets, the foundation shall be deemed to have erupted once the final statement of bankruptcy has been accepted.

If, at the end of the bankruptcy, there is a succession of assets other than those provided for bankruptcy, and the Foundation was not in liquidation when its assets were declared bankrupt, the Board of Directors shall, without delay, decide whether to continue the work of the Foundation or whether: The foundation shall be liquidised. If the Board decides that the work of the Foundation is continued, the Board of Directors shall immediately make this notification for registration. If the foundation was declared bankrupt in liquidation, the provisions of Article 17 shall apply.

If the foundation of the foundation has ended and funds appear in the foundation, the bankruptcy law (120/2004) Provisions for ex post recovery. If, after the bankruptcy of the Foundation, funds remain, it shall be treated as provided for in paragraph 3.

PART V

CONTROL AND FOUNDATION REGISTER

Chapter 13

Foundation Register

ARTICLE 1
Foundation Register and Registration Office

Notifications and communications concerning foundations shall be entered in the Foundation Register according to the provisions laid down in this Act and by a decision of the Council of Ministers and by a decision of the registry authority.

The Foundation Registry shall keep the Patents and Registration Board, which is referred to in this law as the registry authority.

Everyone has the right to obtain information, extracts and certificates from the Register of Foundations, unless otherwise provided for in this Act. Notwithstanding Article 16 (3) of the law on public access to the Foundation register, the Foundation register may be made available by electronic means.

However, the information on the identification of the identification code and the home address of a natural person resident abroad shall, however, be made available from the Foundation Register only if the disclosure meets the requirements laid down in Article 16 (3) of the Law on Public Administration Conditions. In other cases, instead of the home address of a natural person living abroad, the person's country of residence shall be disclosed.

ARTICLE 2
Notification of the Perugia

Prior to the start of the Foundation's activities, a notification to the registration authority shall be made available to the registry authority, including basic information on the Foundation ( Notice of withdrawal ).

The notification shall be made by means of a memorandum of establishment, established for this purpose, as in the case of the company and the Community (244/2001) Provides.

ARTICLE 3
Personal data to be stored in the register

A full name, personal identification number, domicile and nationality shall be entered in the register of persons entered in the register of persons. If you do not have a Finnish social security number, please enter the date of birth. A home address instead of home municipality shall be entered in a foreign register.

§ 4
Declaration of Perugia

The notice of the Foundation shall state:

(1) the name of the foundation;

2) the date of the charter;

3) the purpose of the foundation;

(4) the Foundation's activities;

(5) a provision of the rules by which the Foundation's investment activity or business is restricted by law, or which allows other business activities to be financed;

(6) the Foundation's seat;

7) the address of the Foundation;

(8) personal data of the Chairman of the Board of Directors and of each member and alternate member;

(9) if the Foundation has a managing director or a Deputy Managing Director, each personal data;

(10) if the Foundation has a board of directors, its chairman and any member and alternate member;

(11) personal data of the auditor, principal auditor and deputy auditor;

(12) a provision of the Foundation's statutes for the representation of the Foundation and, if someone has been given the right to represent the Foundation on its own or in conjunction with another person, his personal data;

(13) the Foundation's financial year; and

(14) the announcement by the Government and the Executive Director that the assets in accordance with the basic capital commitment provided for in the Charter have been transferred to the Foundation and the assurance that the establishment of the foundation has been complied with in accordance with the provisions of this Act.

The notification shall be accompanied by the documents and opinions provided for in Article 5.

§ 5
Conditions for registration

The Foundation may be registered with the registration authority:

1) the Foundation's notice;

(2) the Charter of origin or a certified true copy of the Charter;

(3) a statement that the will has obtained the legal force; and

(4) the opinion of the Foundation's auditor that the foundation's core capital has been entrusted to the Foundation and that the basic capital has already been respected in accordance with the provisions of the Charter and the Statute, and that the Foundation has a budget referred to in Article 4 of Chapter 2; and Operational and financial plan.

In addition to the provisions laid down in paragraph 1, the registration of a foundation shall be subject to the conditions laid down in Chapter 1.

If two or more declarations are pending at the same time, in which the same name has been given to the foundations, the name of the privilege shall be on the foundation for which the notification has been made first. During the period of validity of the decision on the ex-ante verification, the name of the second foundation shall not be registered, which clearly does not differ from the name laid down in the ex ante audited rules, if the notification of the latter has been made after the date of the notification. A decision was taken on the ex ante verification.

ARTICLE 6
Notification notice

If there is a change in the legal status which has been entered in the Register of Foundations, the registration authority must be notified without delay ( Declaration of change ) As provided for in Article 11 of the Business and Community Information Act.

The notification must also be made when the statutes of the Foundation are amended.

§ 7
Responsibility for notification

The persons responsible for the registration and signing of the register shall be governed by Article 14 of the Business and Community Information Act.

§ 8
The award of the notification

Any person who has resigned in the Register of Foundations for their status or who has ceased to be entered in the register shall be entitled to make a declaration.

§ 9
Foundation name translation and assistance name

The various language versions of the Foundation's name and the aid name may be entered in the Register of Foundations, either in the order of cancellation or in the order provided for in the notice of change.

ARTICLE 10
Corporate mortgage

The registry authority shall not mark the foundation on the basis of a notification to the registry authority or a communication if the assets of the Foundation have been established on a business mortgage before the business mortgage is extinguished or the Foundation 's The transferee has taken over the takeover of assets in accordance with Article 10 of the Merger Act, unless it is a matter of notification or communication within the meaning of Article 27 (1) of the Merger Act.

ARTICLE 11
Reporting obligation of the Court

After the Court has decided, in accordance with Article 12 of Chapter 14, to close the Foundation's activities and appoint a liquidator to the Foundation, or when the Foundation has been appointed in accordance with Article 11 (11) of Chapter 14, members or members of the Board of Directors or 12 In accordance with Section 20 of Chapter 20, a representative of the Court shall, without delay, forward the information to the registry authority in the register.

Where the Foundation's creditors have been subject to a public challenge, the foundation has been declared bankrupt or the court has decided on the cancellation or termination of the bankruptcy, or when the decision to declare bankruptcy has been revoked, the Court shall without delay: Transmit that information to the registry authority in the register. The information may be provided through the bankruptcy and corporate restructuring register as provided for by the Ministerial Decree of the Ministry of Justice.

Where a final statement has been made in the event of a bankruptcy, the administrator shall, without delay, submit a statement of final statement to the Legal Register Centre, from which the information shall be transmitted to the registry authority in the register. The declaration shall be signed by at least one of the administrators.

The Court's obligation to make a decision relating to a point entered in the Register of Foundations, by indicating it in the system of decisions and decisions of the national system of judicial administration, or by providing the information Where appropriate, the Centre shall be governed by a decree of the Ministry of Justice by a decree of the Ministry of Justice. The adoption of labelling and the provision of information shall be governed by the law of the national judicial system (192/2010) And is provided for.

ARTICLE 12
Notification language

The Foundation may submit to the Foundation register the documents and particulars referred to in this Act, not only in Finnish or Swedish, but also in any other language. In this case, the document shall be (423/2003) The official translation referred to in paragraph 1.

Where there are discrepancies between the documents and particulars disclosed in the official languages of the register and the translations voluntarily disclosed, the translations voluntarily disclosed may not be invoked against the outside person. However, an outside person may invoke the translation voluntarily disclosed, unless the Foundation proves that the person knew the mandatory version.

ARTICLE 13
Error correction

If the notification is incomplete or if the registrant identifies another obstacle to registration, a reasonable time limit shall be set for the notifier to remove, explain and report the deficiency in the document. , and at the same time declare that, if the time limit is not complied with, the notification may be deemed to lapse.

Where there is an obstacle to the registration, even after the opinion referred to in the request has been issued, the registration shall be refused. However, a new request may be issued by the registry authority if there is reason to do so.

ARTICLE 14
Data updating

The registry authority shall be entitled, where appropriate, from the Population Information System to update its files and to verify the personal data of the persons mentioned in the notices and their annexes in order to verify their accuracy.

The registry authority shall be entitled to update the contact details of the foundations from the corporate and community information system.

§ 15
On repealing the registration of the register and replacing the damage

Article 5 of Chapter 2 provides for a prohibition of the use of the name of the Foundation and repealing the name of the name.

Anyone who considers the foundation registration of a foundation other than the Foundation's name to be harmful shall be allowed to seek the annulment of the registration and the action against the Foundation for the compensation of the damage In Article 1 of Chapter 10 of the Court of Justice, Before the Court of Justice.

ARTICLE 16
Abolition of labelling

Where a legal solution has been established that the marking should not have been entered in the register or that the registered decision is invalid or that otherwise specified in the register is not correct, the registration authority shall delete the entry From the register

The court or tribunal shall send to the registry authority a copy of the legal solution for the matters referred to in this case.

On the Court of Justice's obligation to notify the decision referred to in paragraph 1 by entering into the system of decisions and decisions of the national information system of the judicial administration, or by providing the information to the Centre of Justice To transmit them to the controller, if necessary, by a decree of the Ministry of Justice. The adoption of labelling and the provision of information shall be governed by the law of the national judicial system and by virtue of its provisions.

§ 17
Legal effect of the register

According to this law, which is registered in the Register of Foundations, it must be considered that the third person has been informed. However, if less than 16 days have elapsed since registration, the registered case cannot be invoked against a third person who shows that he could not have known about it.

Prior to the registration, no evidence that should have been entered in the Register of Foundations can be relied on against a non-objection which seems to have been known to have been known to it.

If the entry in the register deviates from a point in the file relating to the register entered in the register, the third person may rely on the registered point unless he appears to have been aware of the fact that he has been aware of the file.

The provisions of this article concerning the entry for the register shall apply mutatis mutandis to the deletion of the registration of the register.

ARTICLE 18
Incorrect entry for the representative in the register

After registration, a third person may be invoked against a third person after registration of a person who is registered in the register, only if it appears to have been an error.

§ 19
Meeting the notification obligation

In addition to the notifications and communications in the Foundation Register, the provisions of Articles 10, 11 and 19 of the Act on Enterprise and the European Communities are in force, as laid down elsewhere in the law.

Where the notification is given to the registry authority or the tax administration, the notification requirement laid down in this or other law of the Foundation shall be deemed to be fulfilled.

§ 20
Ex ante verification

The registry authority may, upon application by the Foundation or its founder, check the rules or their change in advance ( Prior checking ).

An application for an ex ante verification shall be made in writing and shall be accompanied by rules or amendments.

The decision on the ex-ante verification shall be binding except where the Foundation has amended the rules or changes which have been made by the Foundation in such a way that a new inspection is necessary. The decision shall be valid for two years from the date of its adoption.

In spite of the ex ante verification, the initial and amending declarations shall be made as set out above and shall also indicate the decision on the ex ante verification and the extent to which the rules have been amended after the ex ante verification.

The Foundation may decide that a prior review of the rules, which has been approved in the Foundation unamended, shall be subject to the internal operation of the Foundation in the course of the period of validity of the decision on the ex ante verification, even if the change is not yet Registered in the register.

ARTICLE 21
Appeals appeal

The decision of the registry authority which has been refused registration shall be subject to appeal in accordance with the law of the Patents and Registration Government (178/2013) Provides. However, the decision that the prior verification referred to in Article 20 of this Chapter is not to be carried out shall not be subject to appeal.

§ 22
More detailed provisions

More detailed provisions on explanatory notes, register and keeping, registration of registries and copies, and other provisions on the implementation of this Chapter shall be laid down by a Council Regulation.

The technical aspects of the register may be determined by a decision of the registry authority.

ARTICLE 23
Information from the Tax Administration

The registry authority shall have the right, without prejudice to the confidentiality rules, to obtain from the Tax Administration, in order to carry out the tasks relating to the deletion of the Foundation register provided for in Article 12 (4) of Chapter 12, an indication as to whether the identified foundation has any activity Based on the records of the tax administration.

Chapter 14

Foundation oversight

ARTICLE 1
Public oversight

It is the responsibility of the registry authority to ensure that the activities of the Foundation comply with this law and the provisions of the Foundation's rules.

ARTICLE 2
Access to information from the Foundation

Without undue delay, the Foundation shall provide the registry authority with the information and explanations necessary for the registry authority to carry out the supervisory function provided for by law. It is the responsibility of the person who controls or is controlled by the Foundation within the meaning of Article 5 of Chapter 1 of the Accounting Act.

For the purpose of carrying out the supervisory function provided for by law, the registry authority may provide more detailed provisions for the management of the financial statements and activity reports provided for in Section 5 of Chapter 5, as well as on the way in which the information is provided, as well as of the information referred to in Of the European Parliament

The registry authority shall have the right to receive, free of charge from the Foundation, the necessary copies of the documents and other recordings necessary for the performance of the prescribed monitoring function.

ARTICLE 3
Access to information from other persons

Without prejudice to the confidentiality rules, the registry authority shall have the right to obtain from the following persons all the information in their possession relating to the Foundation which is necessary for the purposes of carrying out the supervisory function provided for by law:

1) from the Foundation's auditor;

(2) in the Foundation, a controlling auditor within the meaning of Section 5 of Chapter 1 of the Accounting Act;

3) the controlling auditor of the Foundation's Accounting Act, Chapter 1, Section 5.

Without prejudice to the confidentiality rules, the registry authority shall have the right to obtain, for the purposes of supervision, information necessary for monitoring purposes other than those referred to in this paragraph, which may be presumed to be Information necessary for the control operation.

§ 4
Right of access

The registry authority shall have the right if, in order to determine the cause of the matter raised under the supervision, it is appropriate to have access to documents and other records and information systems relating to the activities and management of the Foundation's headquarters. To the extent that it is necessary for the registry authority to carry out the supervisory function provided for by law.

The provisions of paragraph 1 shall also apply to the Community and the Foundation, which, as agents of the Foundation or, otherwise, the Foundation's mandate, shall carry out this activity, accounting, information, risk management or internal control. Tasks.

In addition, notwithstanding the confidentiality provisions, the registry authority shall have the right to obtain documents and recordings from persons, entities and foundations within the meaning of Article 3 containing the information referred to in Article 3.

The person carrying out the inspection shall be entitled to enter, to the extent required by the inspection, the Foundation's management or the facilities and areas in use which are relevant to the supervision of the Foundation's activities. The inspection shall not be carried out in the premises used for permanent housing.

The audit shall comply with the Administrative Code (434/2003) Provides.

§ 5
Derogation from the right of access to information and the right of access for lawyers, lawyers and lawyers

By way of derogation from this Chapter, the registries shall not be entitled to access by law (446/1958) Information and documents relating to the lawyer or the client of his/her assistant, and shall not check them or any other person, in the course of carrying out the duties of the court or tribunal, and Documents and not checked. Legal advice concerning the legal position of the client in the case of a criminal offence or other matters relating to the legal situation of the client is to be included in the procedural and judicial functions. At the pre-litigation stage, or the initiation or avoidance of a trial.

ARTICLE 6
The statutory auditor's right to provide information to the registries

The Foundation's auditor may inform the registry authority of the decision on the Foundation or of the decision he has received in the performance of his/her duties. The auditor may also forward to the registration authority a copy of the audit records referred to in Article 16 of the Code of Auditors.

The audited auditor shall not be liable for any financial damage caused by the measures under this Article.

§ 7
Use of an external expert

The registry authority may use, for the purposes of the supervision of the Foundation, any specific expertise required for the purpose of checking or carrying out a specific audit, or an auditor or other external expert. At the request of the registry authority, the expert may, at the request of the registration authority, also be assisted by the inspection provided for in Article 4, or the registry authority may, in particular, authorise an expert to carry out the verification provided for in Article 4. The expert shall have the rights under Articles 2 to 4. The expert shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this Article. The liability for damages is governed by the law on compensation.

The expert shall have sufficient knowledge of the Foundation's activities, accounting or legal issues in relation to the quality and scope of the task.

The registry authority may agree with the expert on this remuneration.

The registry authority may impose a fee on the Fund's assets if there is a specific reason for the use of the expert. The premium must correspond to the general level of remuneration in the sector. The registration authority shall pay a fee that is not recovered from the Foundation.

§ 8
Information from other authorities

The registry authority shall have the right, without prejudice to the provisions on confidentiality and other access restrictions, to obtain the information necessary for the supervision of the foundation provided for in this Chapter by the Authority and other public authorities. Of the Foundation and of the related parties within the meaning of Article 8 of Chapter 1. Information shall be obtained by means of a technical service without the consent of which the obligation of professional secrecy has been provided.

§ 9
Order, prohibition and failure to notify the annual declaration

The registry authority may, if the decision, measure or procedure of the Foundation is contrary to the rules of this law or of the Foundation:

(1) order the Foundation to take action to obtain a corrigendum; or

2) prohibit the implementation of an incorrect decision.

The order or prohibition may be imposed in spite of the appeal.

The registry authority may impose an order or a prohibition on a periodic penalty payment to a member of the Governing Board or a member of the Board of Directors or the Executive Director. If the obligation to declare an annual declaration, as provided for in Section 5 of Chapter 5, is not fulfilled, the registry authority may oblige the Executive Director or a member of the Board of Directors to fulfil the obligation in the period laid down. The decision to impose a periodic penalty payment shall not be subject to an appeal. Other aspects of the imposition and sentencing of a periodic penalty payment are laid down in the (1113/1990) .

ARTICLE 10
Separation of the Management Board and the Board

The Court of domicile of the Foundation may, upon application by the registry authority, dismiss the Board, the Government or any of its members, if the institution or its member is continuously or collectively critical of the act or the Against the rules.

The decision to separate the Management Board or the Board of Directors or their members may be imposed in spite of the appeal.

ARTICLE 11
Designation and tasks of trustees

If, in accordance with Article 10, the Governing Board or the Governing Board of the Foundation is separated from its activities or if, in the circumstances provided for in Article 10, the Foundation is found to be deprived of a quorum of quorum or administrative board, the court must at the same time impose one or A number of trustees to deal with the Foundation's affairs until a new government or board has been elected in accordance with the Foundation's rules.

If the Foundation is found to have otherwise been left without a quorum or administrative board, the registry authority may order the trustee of one or more trustee to carry out the affairs of the Foundation until a new Governing Board or Board of Directors has been elected By the rules.

If, in the case referred to in paragraphs 1 or 2, the Management Board or the Board of Directors is to supplement itself or where a new management board or government is not elected in accordance with the rules laid down in paragraphs 1 or 2, there shall be no The application to the District Court, in which the Foundation has its seat in the tachograph, to prescribe a new management board or a board of directors to the Foundation. When determining the members of the Management Board and the Board of Directors, it shall, if possible, take into account the provisions of the Foundation's rules concerning the composition of the Board of Directors and the Board of Directors, the eligibility and term of office of Members.

If, without undue delay, committed men do not take care of the application provided for in paragraph 3, the registry authority may submit an application to the District Court of the Foundation's seat to designate the Management Board or the Management Committee, or To exchange men.

The trustee shall be subject to the provisions of this Act concerning the Management Board and the members of the Management Board or of the Government and the Board of Directors, subject to the provisions of this Chapter. The decision designating the designated men shall withdraw the right to represent the Foundation, as referred to in Article 23 of Chapter 3, unless otherwise indicated in the decision.

The trustees are entitled to receive a fee from the Foundation's resources for the performance of their duties. The premium must correspond to the general level of remuneration in the sector. The registration authority shall agree on the amount of the premium or the grounds for which it is based. The registration authority shall pay a fee that is not recovered from the Foundation.

The decision on the designation of the trustees may be imposed in spite of the appeal.

ARTICLE 12
Disclosure of the Foundation

The district court, in whose jurisdiction the Foundation has its seat, may, upon application by the registry authority, order the Foundation to be immediately terminated if the Foundation's activities have been continuously and substantially contrary to the law or rules.

If the district court orders the Foundation to be dissolved, it should choose one or more liquidator to conduct a settlement procedure in accordance with Chapter 12. The liquidation shall commence when the decision to terminate the court has been given a legal force.

The decision to appoint a clearing member may be imposed in spite of the appeal. The Court may also order that the liquidator must immediately take possession of the property of the foundation, even if the decision on the termination of the foundation has not been given any legal force.

Clearing men shall be subject to the provisions of the Government and its members.

The decision designating the clearing members shall cease the power of the Governing Board, the Board of Directors and the Executive Director at the Foundation and the decision to withdraw the other designated person referred to in Article 23 of Chapter 3 shall be withdrawn by the Foundation, unless: That is not the case.

Clearers shall be entitled to receive a fee from the Foundation's resources for the performance of their duties. The premium must correspond to the general level of remuneration in the sector. The registration authority shall agree on the amount of the premium or its criteria with the liquidator. The registration authority shall pay a fee that is not recovered from the Foundation.

ARTICLE 13
Notification to the investigating authority and the prosecutor

Where there is reason to believe that a criminal offence has been committed by a member of the Board of Directors or by a member of the Board of Directors or the Executive Director, the registering authority may make a declaration to the preliminary investigation authority to determine whether the offence has been committed.

Where there are reasonable grounds for suspecting that a member of the Board of Directors or a member of the Board of Directors has committed a criminal offence, the registrant may inform the prosecutor of the case in the District Court, in which the They are domiciled.

ARTICLE 14
Disclosure of confidential information

As far as this law is concerned, the documents and information submitted to the registration authority shall be governed by the law on public authorities' activities.

The registry authority may, notwithstanding the provisions of confidentiality, disclose the necessary information to the investigating authority and the prosecutor in order to carry out their duties and to address the matter of the Foundation.

§ 15
Foundation control fee

The foundation control fee is laid down in the Foundation's Law on the control fee (14/08/2013) .

ARTICLE 16
Appeals appeal

The decision of the registry authority concerning the provision or prohibition set out in Article 9 of this Chapter, the imposition of a number of persons entrusted under Article 11 (2) or any other administrative act under this law (586/1996) , may appeal against the decision of the Helsinki Administrative Court as provided for in the Administrative Law. The decision may stipulate that it must be followed in spite of the appeal.

The decision of the Authority concerning the application of the Board of Directors or the Management Board or of the Board of Directors, as provided for in Article 10, of this Chapter, concerning the appointment of the Management Board or the Board of Directors, as provided for in Article 11 (4) The application for the closure of the foundation provided for in Article 12 or the lodging of a declaration of pre-trial or prosecution, as provided for in Article 13, shall not be subject to an appeal.

The fee provided for in Article 7 (4) of this Chapter, the remuneration of the trustee of the trustees provided for in Article 11 (6) or the payment of a fee for the commission of the liquidator provided for in Article 12 (6) may also be examined in the district court of the Foundation's place of residence. , notwithstanding In Chapter 10 of the Court of Justice Provides.

PART VI

ENTRY INTO FORCE

Chapter 15

Entry into force

ARTICLE 1
Entry into force

The entry into force of this Act shall be regulated by law.

This Act shall enter into force on 1 December 2015 L 42/2015 In accordance with This law repeals the Foundation 109/1930 , see Entry into force of the Law on Foundations 488/2015 .

THEY 166/2014 , LaVM 20/2014, EV 276/2014