Thursday, September 2, 2010

Exercise And An Elarged Spleen

remuneration of the members of the Foundation board - § 19 PSG

with a request arrived on 08.06.2010 is all the board members of a private foundation to seek court approval of their remuneration as members of the Board of Directors. They brought in this respect, that they had decided with the consent of the donor, pay per session of the Management Board an allowance of € 900 plus disbursements and grant the Chairman of the Foundation Board for its further effort a yearly fee of € 8,000.

submitted with the application, the corresponding circular resolution of the Management Board, which was mitgefertigt by the founder, and a statement of Stiftungsprüferin in which it stated that the amounts are reasonable and agreed with the circumstances of the foundation is not in contradiction.

The foundation deed shall for the remuneration of the members of the Management Board does not control.

It follows legally :

According to § 19 para 1 PSG is the members of the Foundation Board for their work with their duties and to grant to the position of private trust in remuneration consistent, except where the Foundation Statement otherwise provided. The amount of compensation, except where the Foundation's statement provides otherwise, at the request of an endowed institution or a member institution determined by the court (§ 19 para 2 PSG) is.
Such schemes does not include the foundation statement in this case.
Applicants can therefore determine the amount of the refund ( N. Arnold , Private Foundations Law [2002] § 19 para 16); this is an in-yourself business, which is subject to court approval pursuant to § 17 para 5 PSG demand ( N. Arnold, supra para 18). This is subject to the determination of the remuneration as a director of judicial review (OGH 31.8.2006, 6 Ob 155/06x).

In this particular case there is nothing against the approval of the requested amounts. First, they are within the usual fees for such activities, on the other because of this confirmation is the Stiftungsprüferin sufficiently certain that the amounts of the economic circumstances of the private foundation are consistent, so any interference with the interests of private foundation is not to be feared. is

For further research by Company Registry in such a constellation that is in my view, not a necessity.

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