The European Commission has launched a public consultation on the content of a possible European Foundation Statute, the issues and difficulties foundations face in their  cross-border operations, and on how a Statute might affect donors' and founders' attitudes. Interested parties may submit their responses until May 15th 2009, which will be taken into account in assessing the need for and the impact of a potential Statute.

As the Commission has not taken any decision yet in relation to the need for a European Foundation Statute or its content, it has launched a public consultation in order to make a better assessment about the issues related to foundations operations.

If a European Foundation Statute were to be proposed, the objective would be similar to that sought with other European legal forms. The European Foundation would be parallel to the national legal forms, being its use would optional, and allowing to the use of a single legal form instead of up to 27 national ones.

Main issues about European Foundation Statute Questionnaire

• The first set contains general questions about the need for and desirability of a new legal form together with questions about the content of a possible European Foundation Statute. It also contains questions targeted especially to foundations aimed at obtaining concrete information about difficulties and hindrances foundations face in the Internal Market as well as about their interest in a possible statute.
• The second set is targeted at donors to and founders of foundations. The Commission wishes to obtain views on the impact of a potential European Foundation Statute on their attitudes towards donating to and establishing foundations.

The assessment of the need for a European Foundation Statute was identified as a medium-term priority in the EU Company Law and Corporate Governance Action Plan adopted in 2003. A public consultation and hearing on future priorities for the Action Plan was carried out in spring 2006 demonstrating a need for further work in this area. Following an open tender, the Commission launched a feasibility study in November 2007, which was carried out jointly by the Max Planck Institute for Comparative and International Private Law in Hamburg and the University of Heidelberg.

The consultation is linked to this feasibility study which the Commission has made public at the same time, and will be open until May 15th 2009. Responses should be sent by e-mail or by to postal mail to:

DG MARKT Unit F2, European Commission
B-1049 Brussels

The consultation of donors and founders is carried out by means of an online questionnaire.

“Foundations play an important role in Europe, especially in supporting public benefit causes. We need to ensure that we have appropriate structures in place in Europe to support their activities which are increasingly cross-border in nature”, highlighted Internal Market and Services Commissioner, Charlie McCreevy. Making reasoned policy choices, would need more information on the cross-border life of foundations and on the obstacles they face in the Single Market. Commissioner McCreevy invited all interested parties to take part in this consultation.