ABSTRACT
This chapter discusses how further development of foundations can be made more flexible to enable foundations to have a more contemporary impact and strengthen Switzerland as a modern foundation location. When reviewing statute amendments, the supervisory authorities are confronted with vague legal terms in the Swiss Civil Code, which they handle heterogeneously and often to the disadvantage of foundations. Therefore, the chapter aims to illustrate instances where foundations leave their area of autonomy and amendments to their statutes become necessary. It will then examine how such amendments can be implemented in a sensible way that does not restrict the necessary dynamics of foundations. Against this background, the chapter focuses on the authorities’ room for maneuver in interpreting the legal provisions and aims to make recommendations for action. The result should be a convincing set of arguments as to why adjustments are needed to utilize the valuable resources of foundations in a sustainable, growing manner. At the same time, a manual should emerge from which the supervisory authorities can draw the criteria to develop a reliable and modern practice while preventing risks and abuse.
