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Act (1994:1221) On The Introduction Of The Foundation Act (1994:1220)

Original Language Title: Lag (1994:1221) om införande av stiftelselagen (1994:1220)

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section 1 of the Foundation Act (1994:1220) and this law shall enter into force on 1

January 1996.



The provisions of Chapter 6. Foundation law shall be applied first

with effect from 1 January 1997 on foundations formed by

or together with the State, a municipality, a county or a

Church municipality. For these foundations, the provisions of



1. section 10 of this Act apply to the Foundation appointed for foundations

established before 1 January 1997, and



2. section 11 of this Act apply to regulations that have been established before

on 1 January 1997. Law (1995:1460).



2 § By Foundation Act (1994:1220) repealed the law (1929:116) if

supervision of foundations with the limitations imposed by this Act.



3 § wealth formation that have been added prior to the

entry into force and who previously met the requirements

as the Foundation Act imposes on stiftelsebildning shall be considered as

Foundation under the Foundation Act (1994:1220). The foregoing also applies to

If wealth formation did not meet the form requirement laid down in Chapter 1.

section 3 or 11 kap. section 1 of the Foundation Act or requirement under Chapter 1. section 2 of the

the same law that the property shall have been separated.



section 4 Of the wealth formation as referred to in paragraph 3 shall be considered as

foundations under the foundations Act (older foundations)

the Foundation Act (1994:1220) with the limits imposed by

This law.



For the property referred to in the third subparagraph of section 9 and section 10

first subparagraph, Act (1998:1592) on the implementation of the law

(1998:1591) about the Swedish Church does not apply the provisions of

the Foundation Act. Law (1999:313).



section 5 of an older Foundation shall be deemed to have own management if

entry into force is a foundation established for particular organs as

ultimately responsible for questions about the location of the Foundation's assets.

The specially constituted body shall be deemed to be the Board of the Foundation.



An older Foundation shall be affiliated management if

entry into force is an agency of a legal person or a public

authority ultimately responsible for questions about the location of the

the Foundation's assets. The legal person or the State

the authority shall be deemed to be the Foundation's trustees.



section 6 of the Regulations in Chapter 2. section 6 of the Foundation Act (1994:1220)

not in the case of loans made or securities

before the entry into force.



Article 7 the provisions of Chapter 2. § 10 and § 19, second paragraph

the Foundation Act (1994:1220) that its founder or founders not

alone may be a Board and to its founder may not be managers

does not apply in cases where its founder or founders at the time of entry into force

alone is a Board or its founder, trustee of the Foundation.



On the subject of foundation settlement does not apply to the provisions

in Chapter 2. section 12 of the older foundations and foundations formed after

entry into force, on the basis of a foundation mandate in a

last will and Testament drawn up prior to the entry into force.



§ 8 in the case of older foundations, which has a different fiscal year than the

calendar year applies the provisions of Chapter 3, 4 and 10.

the Foundation Act (1994:1220) from the tax year that

begins to run immediately following the end of the year in 1995. This fiscal year

shall be shortened if necessary to the Foundation shall receive a

fiscal years consistent with the provisions of Chapter 3.

the Foundation Act.



The Board of directors or the Manager of an older Foundation shall determine

the value of the Foundation's assets in accordance with Chapter 3. section 6 of the Foundation Law at

the beginning of the fiscal year that begins after the

the end of 1995, unless the Foundation is obliged under accountancy 3

Cape. paragraph 1 of the same law.



In the annual or consolidated accounts need not be rendered result and

consolidated balance sheets or profit or consolidated balance sheets

for the fiscal year preceding the fiscal year from

the provisions of Chapter 3. apply to the Foundation.



The who is an auditor of a foundation by the end of the fiscal year

preceding the financial year from which the provisions of

Chapter 4. the Foundation Act applies to the Foundation may complete its mission

Notwithstanding the above provisions of the foundations Act.



section 9 in respect of the obligation to pay damages by reason of document

or omission which is set in the time before the entry into force is applied

section 6 of the Act (1929:116) on the supervision of foundations. This is true even if

the Foundation was not regulated under that law.



In case of dismissal according to Chapter 9. section 6 of the Foundation Act (1994:1220)

gets the that for an action against a member of the Board of directors or trustees only

invoke such acts or omissions that are in time

After the entry into force. However, this does not apply if the action

against a member of the Board of Directors prior to the entry into force had the right to

the Board Member concerned bring such an action referred to in section 7 of the Act

(1929:116) on the supervision of foundations.



section 10 Of Foundation settlement for an earlier Foundation or for a

Foundation formed after the entry into force, on the basis of a

Foundation appointment in a will drawn up before

entry into force, contains a provision whereby any

may modify, suspend, or in particular cases, override one of its founder

notified regulation relating to the Foundation, that provision shall be

the same force which, under the older law.



If the first subparagraph means that someone other than

the Board of directors or the Manager may decide on the Foundation's behalf in

matters referred to therein shall not apply to Chapter 2. section 3(1).



section 11 of the regulations before the entry into force have been established for a

Foundation of Government, legal, financial, or a County Administrative Board shall

for the purposes of the Foundation Act (1994:1220) is considered

regulations in a foundation mandate.



section 12 on the foundation settlement of an older Foundation or for a

Foundation formed after the entry into force, on the basis of a

Foundation appointment in a will drawn up before

entry into force, contains a provision that the Foundation shall be

exempt from supervision according to the law (1929:116) on the supervision of

foundations, shall, for the purposes of this regulation the foundations Act

(1994:1220) treated as an exemption from oversight under the

the law. The same shall also apply to an older Foundation about its founder

After the Foundation's formation but before the entry into force has decreed that

the Foundation shall be exempt from supervision under the supervisory law

(1929:116).



section 13 the provisions of section 14 of the Act (1929:116) on the supervision of

foundations shall apply in respect of the fiscal year ending

at or immediately following the entry into force.



section 14 If a foundation with the support of a Government

has announced before the entry into force is under the supervision of someone

authority other than the County Administrative Board in the county where the Foundation's

management is mainly exercised, the decision in

the application of the Foundation Act (1994:1220) is considered a

decision under Chapter 9. the third paragraph of section 1 of the Act.

Law (2009:245).



section 15, a nonprofit organization whose name contains the word Foundation or a

abbreviation of it may retain this word or this acronym in its

name even after the Foundation of its entry into force, the County Administrative Board in

the County in which the Board has its headquarters gives permission to the

upon application made before 1 July 1996.



Authorization at the request of the Association. The County Board's decision

may be appealed to the administrative court.



section 16 of an older Foundation shall not be under obligation to make notification of

registration under 10 Cape. 2 section 1 or section 6 of the

the Foundation Act (1994:1220) earlier than one month after

the provisions of Chapter 10. the said law was applicable to the Foundation.