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Journal articles on the topic 'Private foundation'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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1

Goldsworth, John Graham. "Private foundations and the conflict of laws." Trusts & Trustees 25, no. 6 (2019): 626–29. http://dx.doi.org/10.1093/tandt/ttz011.

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Abstract The straightforward nature of private foundations compared with trusts may not be apparent where a private foundation is formed under one jurisdiction’s laws but administered elsewhere if the lex fori introduces concepts that are unforeseen at the time that the private foundation is entered into. This possibility should be guarded against by an examination both of the private foundation’s constitutional documents and the conflict of law rules of a likely forum to hear disputes.

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2

Bergervoet, M., and J. Starreveld. "How private is the Curacao Private Foundation, Curacao Trust, and the Dutch Private Foundation?" Trusts & Trustees 19, no. 6 (2013): 577–83. http://dx.doi.org/10.1093/tandt/ttt080.

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3

ZAIKIN, D. P. "CIVIL LAW STATUS OF BENEFICIARIES OF A PRIVATE BENEFIT FOUNDATION." Civil Law Review 21, no. 5 (2021): 7–85. http://dx.doi.org/10.24031/1992-2043-2021-21-5-7-85.

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This paper examines the civil law status of the beneficiaries of a foundation (Stiftung) subject to private benefit purposes. It concerns the reasons and impact of conservative and instrumental approaches to the permissible purposes of the foundation, the classification criterion of private benefit foundations (privatnützige Stiftungen) and public benefit foundations (gemeinnützige Stiftungen), the limits to which the Germanic countries tolerate with establishment of the private benefit foundations and then defines the civil law status of the beneficiaries from the perspective of their claims to the foundation and participation in the foundation management, control and protection. As a result of the research the ways to mitigate the risks, that private foundations can create for the participants in civil law relations, are proposed in the light of the legal nature of the foundation.

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4

Sepp, Katrin, and Urmas Kaarlep. "The Estonian Foundation – What is Missing for It to Be A Well-Designed Wealth-Management Vehicle for Local and Foreign High-Net-Worth Individuals?" Juridica International 24 (October 9, 2016): 96. http://dx.doi.org/10.12697/ji.2016.24.10.

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Although Estonia has a foundations regulation that enables establishing private foundations, the local high-net-worth individuals prefer to use schemes and foundations offered by other countries and Estonia’s export of the relevant service is a non-issue today. The article explores why this is so. One of the biggest problems certainly is the current double taxation of private foundations. Another major problem is excessive accountability and publicity: an Estonian foundation is registered in a public register from which the information on that foundation is accessible to everyone. This includes the data on the founder and beneficiaries; the content of the bylaws; and, through annual reports, information on the foundation’s income, wealth, and assets. The authors propose amendments to the current regulation and, to justify the changes, suggest some incentives for encouraging the establishment of private foundations in Estonia.

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5

Khovrenkov, Iryna. "Does Foundation Giving Stimulate or Suppress Private Giving? Evidence from a Panel of Canadian Charities." Public Finance Review 47, no. 2 (2017): 382–408. http://dx.doi.org/10.1177/1091142117730634.

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As non-governmental providers of public goods, charities are funded by governments and also by individuals and foundations. How do foundation grants to charities affect private donations to these organizations? The standard economic theory on voluntary contributions to the public good hypothesizes that foundation giving will crowd out private donations. An alternative giving dynamic may arise whereby foundations act as complements to private donations because they can provide a signal of charity quality to individuals and thereby influence their decisions to give. This article offers a rigorous empirical analysis of the relationship between foundation and private donations by utilizing a unique data set on Canadian social welfare and community charities matched with their foundation donors. Empirical findings confirm that an additional dollar of foundation grants to charities crowds in private giving by three dollars on average, suggesting that private donors may look to foundation grants for information on charities to make informed giving decisions.

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6

JENSEN, DAVID E. "Private Foundation Valuation Rules." Business Valuation Review 13, no. 2 (1994): 92–95. http://dx.doi.org/10.5791/0882-2875-13.2.92.

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7

van Zantbeek, A., and J. Draye. "The Belgian private foundation." Trusts & Trustees 18, no. 6 (2012): 509–17. http://dx.doi.org/10.1093/tandt/tts052.

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8

Eagan, J. Vincent. "The Anchor Foundation: A Tax Case Study In The Use Of Foundations By Adversarial Groups." Journal of Business Case Studies (JBCS) 12, no. 4 (2016): 145. http://dx.doi.org/10.19030/jbcs.v12i4.9791.

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This case study reviews the Anchor Foundation, a private 501(c)(3) foundation associated with the Socialist Workers Party (SWP), a small radical organization. Anchor Foundation made a major sale of real estate that was donated to the Foundation. The case raises issues under the tax rules covering private foundations of "disqualified persons," fiduciary duty of care, excessive compensation, disclosure of contributors, political expenditures, and disclosures in the Form 990s.

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9

Stresemann, W. "The Netherlands Antilles Private Foundation." Trusts & Trustees 7, no. 8 (2001): 17–18. http://dx.doi.org/10.1093/tandt/7.8.17.

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10

Petritz, M., and A. Kampitsch. "Austria: The Austrian Private Foundation." Trusts & Trustees 20, no. 6 (2014): 541–49. http://dx.doi.org/10.1093/tandt/ttu075.

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11

Barrett, L. D. "Vanuatu: The Vanuatu Private Foundation." Trusts & Trustees 20, no. 6 (2014): 635–39. http://dx.doi.org/10.1093/tandt/ttu081.

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12

Allen, Arthur C., and Brian P. McAllister. "How Private Foundation Sophistication Affects Capital Campaign Grant Decisions." Journal of Governmental & Nonprofit Accounting 8, no. 1 (2019): 1–20. http://dx.doi.org/10.2308/ogna-52553.

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ABSTRACT We examine how charity financial information related to efficiency and financial vulnerability is used by private foundations in determining how much they grant to charities during capital campaigns. In general, private foundations are likely to be better able to evaluate charity financial information because they are sophisticated donors. They have the incentive to incur search costs, the ability to judge financial information, and are focused on grant-making. We find no evidence that efficiency measures are used by private foundations in determining capital campaign grant amounts, regardless of foundation sophistication. We interpret this result as being consistent with private foundations focusing on factors related to program accomplishments rather than on reported efficiency. We find evidence that private foundations pay larger grant amounts to less financially vulnerable charities. This effect is concentrated when grants are paid by more sophisticated private foundations (i.e., those that employ a professional staff). Data Availability: Data are available from the public sources cited in the text.

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13

Olbrich, Daniela. "Discretionary powers in the Austrian Private Foundation Law." Trusts & Trustees 26, no. 6 (2020): 512–18. http://dx.doi.org/10.1093/tandt/ttaa040.

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Abstract The fact that only an objective qualification of the foundation board is decisive with regard to its liability is sufficiently ruled by the Austrian Supreme Court. However, in the end the board member is left alone with the question of what is required in concrete terms. A recent decision of the Austrian Supreme Court granting the foundation’s executive board an extremely wide scope for decision-making where the foundation statute does not provide detailed guidelines came as a surprise. This article deals with the issues faced by foundation board members in avoiding liability when exercising their powers and the need to limit the wide discretionary powers of such board members by creating an adequate statutory framework.

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14

Menyhei, Ákos. "The new Hungarian asset management foundation." Trusts & Trustees 25, no. 6 (2019): 599–610. http://dx.doi.org/10.1093/tandt/ttz047.

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Abstract The most important global issues of wealth planning are privacy, asset protection, and tax compliance. The ultimate question is how these needs match with the current and future legal environment. Obviously, privacy is under attack and the implementation of the fifth Anti-Money Laundering Directive is sweeping away the remaining ruins of it. The separation of private and business assets is one of the bases of the legal work and, during the last 10 years, tax compliance was forced out by The Organisation for Economic Co-operation and Development (OECD) Member States, achieving the result that assets are declared and taxed. There is very little room for manoeuvre, if someone wants to achieve all three aims at once. The new Hungarian asset management foundation—a hybrid of a trust and a private foundation—provides an excellent solution to link privacy, asset protection, and tax compliance together.

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15

Mrazek, Yann. "UAE private foundations—an overview." Trusts & Trustees 26, no. 6 (2020): 595–99. http://dx.doi.org/10.1093/tandt/ttaa028.

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Abstract Most Middle Eastern entrepreneurial families are familiar with foreign offshore trusts and foundations and have been using these tools to ensure wealth preservation and inter-generational continuity for several generations. In that context, the United Arab Emirates (UAE) now counts three foundation regimes (in the Abu Dhabi Global Market, the Dubai International Financial Centre and the Ras Al Khaimah International Corporate Centre) and provides a local solution to wealth management and preservation, family succession planning, corporate structuring and asset protection. The purpose of this article is to present the context, mechanisms and interests in relation to UAE private foundations.

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16

Haag, Maximilian, and Michael Tischendorf. "The German family foundation: concept, legal framework, and taxation." Trusts & Trustees 26, no. 6 (2020): 534–41. http://dx.doi.org/10.1093/tandt/ttaa038.

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Abstract Most German foundations serve the common good. Nevertheless, setting up a private foundation in Germany has proven to be a valuable instrument in private wealth management and estate planning. About 5% of all German foundations are the so-called family foundations with the purpose of serving the interests of one or more families. There are numerous possible areas of application, such as business succession, asset protection, estate planning, and/or use of tax advantages. This article is intended to describe the concept of the German family foundation, its establishment, constitution, and termination, as well as its taxation, in order to provide an overview of its advantages, disadvantages, and possible applications. The German non-profit foundation shall not be discussed.

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17

Gerbranda, A. "The foundation and the private foundation under Netherlands Antilles law." Trusts & Trustees 12, no. 5 (2006): 41–43. http://dx.doi.org/10.1093/tandt/12.5.41.

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18

L., J. F. "HOW THE CLINTON HEALTH PROPOSAL WAS CONCEIVED AND PROPAGATED." Pediatrics 94, no. 3 (1994): 384. http://dx.doi.org/10.1542/peds.94.3.384.

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... The working groups contained more than 1000 participants, not 511, as claimed by the Task Force. Nearly half of the members were private citizens. Large numbers worked for managed-care interests, most notably the Robert Wood Johnson Foundation and the Henry J. Kaiser Family Foundation. Both foundations have supported managed-care reform in several states. In addition, six members the White House passed off as Congressional staffers turned out to be Robert Wood Johnson fellows assigned to the staffs of four Democratic Senators; all were on the foundation's payroll. Dozens of other private interests were represented in the working groups—Aetna, Prudential, Kaiser-Permanente, health czar Ira Magaziner's former consulting company Telesis, to name a few. Conspicuously absent were physicians in private practice. The Task Force spent at least $4 million and possibly as much as $16 million on expenses, salaries, and consulting fees. In the charter it filed with the GSA in March 1993, the Task Force said expenses would total $100 000.

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19

Danieli, Antonio, and Mario Di Nauta. "A Private Philanthropic Foundation Case History." Symphonya. Emerging Issues in Management, no. 3 (2015): 48. http://dx.doi.org/10.4468/2015.3.07danieli.dinauta.

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20

Williams, Harold M. "The Role of the Private Foundation." Design For Arts in Education 88, no. 4 (1987): 12–14. http://dx.doi.org/10.1080/07320973.1987.9935475.

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21

Goyvaerts, Gerd D., and Caroline Maes. "The Belgian private foundation Anno 2020." Trusts & Trustees 26, no. 6 (2020): 519–26. http://dx.doi.org/10.1093/tandt/ttaa043.

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Abstract The Belgian private foundation has now been in existence for 18 years, but it is still a relatively unknown legal entity. The private foundation is, however, a suitable vehicle for wealth and inheritance planning. The foundation makes it possible to segregate assets in order to achieve a certain goal, usually family-related. The private foundation is also subject to a favourable tax regime. In addition, an important benefit is the flexibility that characterizes the private foundation. In this article, the features and benefits are explained in detail.

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22

Hopkins, Bruce R. "Proposed private foundation disclosure rules issued." Nonprofit Counsel 16, no. 10 (1999): 3. http://dx.doi.org/10.1002/npc.3870161003.

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23

Gerbranda, A. "The Netherlands Antilles: the end of the Private Foundation and the beginning of the Curacao Private Foundation." Trusts & Trustees 15, no. 5 (2009): 389–96. http://dx.doi.org/10.1093/tandt/ttp040.

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24

Delfin, Francisco G., and Shui-Yan Tang. "Elitism, Pluralism, or Resource Dependency: Patterns of Environmental Philanthropy among Private Foundations in California." Environment and Planning A: Economy and Space 39, no. 9 (2007): 2167–86. http://dx.doi.org/10.1068/a38275.

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We map the distribution of environmental grants provided by selected California foundations in 2000 and the degree of dependency of the grantees on foundation support to test theoretical claims about foundations' role in contemporary environmentalism. Contrary to assertions by critics of elitism, there is no consistent favoritism of the so-called ‘mainstream’, ‘flagship’, national environmental organizations as recipients of foundations' grants. Instead, donors support a variety of causes with varying levels of funding based on recipients' perceived expertise and needs—a finding consistent with pluralist and resource-dependency arguments. On the receiving end, we find that the non-governmental organizations (NGOs) that have greater reliance on foundation money are those which are younger, have fewer paying members, and are not involved in local-level or toxics issues. Overall, we find that no single theory can adequately explain the trends in giving and in dependency. Future research building on these findings can proceed along two directions: a theoretical path in search of a more universal theory of foundation giving; or an empirical path focusing on clarifying different types of NGO grantees, the longitudinal patterns of environmental giving, and the impact of foundation funding on NGO grantees.

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25

Dearing, James, and Sam Larson. "Private foundation funding of applied communication research." Journal of Applied Communication Research 30, no. 4 (2002): 358–68. http://dx.doi.org/10.1080/00909880216600.

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26

Pugliese, Gina. "CDC Establishes Private Foundation to Supplement Budget." Infection Control & Hospital Epidemiology 15, no. 5 (1994): 357. http://dx.doi.org/10.1017/s0195941700009796.

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27

Kroon, A. "The Private Foundation in the Netherlands Antilles." Trusts & Trustees 5, no. 9 (1999): 34–37. http://dx.doi.org/10.1093/tandt/5.9.34.

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28

Matherne, Louis. "Is your blood center a private foundation?" Transfusion 49, no. 7pt2 (2009): 1502–4. http://dx.doi.org/10.1111/j.1537-2995.2009.02261.x.

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29

Roth, Stephen J. "Switzerland: Racist restrictions in private foundation annulled." Patterns of Prejudice 22, no. 2 (1988): 40. http://dx.doi.org/10.1080/0031322x.1998.9969955.

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30

Hopkins, Bruce R. "Final private foundation self-dealing regulations issued." Nonprofit Counsel 13, no. 2 (1996): 1–2. http://dx.doi.org/10.1002/npc.3870130201.

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31

Hopkins, Bruce R. "Private foundation violates laws; Earns IRS reprieve." Nonprofit Counsel 14, no. 2 (1997): 7–8. http://dx.doi.org/10.1002/npc.3870140205.

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32

Dwork, Cynthia. "A firm foundation for private data analysis." Communications of the ACM 54, no. 1 (2011): 86–95. http://dx.doi.org/10.1145/1866739.1866758.

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33

Niegel, Johanna. "Fifteen years of Private Foundations and yet back to the roots!?" Trusts & Trustees 25, no. 6 (2019): 563–72. http://dx.doi.org/10.1093/tandt/ttz036.

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Abstract In this 15th anniversary issue of ‘Private Foundations: A World Review’ the Editor herself establishes an assessment and highlights the most important topics and articles that have over the past 15 years engaged the interest of trust and foundation practitioners alike. With a view to the Swiss initiative to introduce the trust in its civil law legal order, the Editor reflects on the experiences made by the Principality of Liechtenstein, a civil law country that went through the same exercise 93 years earlier than Switzerland and in this respect also looks at the position of common law countries that have introduced the civil law concept of a private foundation.

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34

Yan, Kegao, and Oulin Luo. "Can Political Connections Improve Foundation’s Acquisition of Resources?" China Nonprofit Review 8, no. 2 (2016): 140–62. http://dx.doi.org/10.1163/18765149-12341311.

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By artificially sampling 305 Chinese foundations, the paper conducts an empirical study on how political connections influence foundations’ acquisition of resources. As it turns out, the influence of political connections on foundations’ policy resources is insignificant, and this does not change with the changes of the nature and sector of the foundation and the degree of marketization of the environment it is in. Political connections have significant influence upon donations, particularly those from domestic natural persons – this is particularly true with public-fundraising foundations, public-service foundations and areas where marketization is at a relatively low level. The influence of the extent and depth of political connections on the foundation’s acquisition of resources fails to pass the significance test. The conclusion the study arrives at implies that on the part of the government, policies should not focus on banning Party and government cadres from holding a concurrent post in a foundation, but on how to regulate their acts and prevent them from seeking private gains by taking advantage of its concurrent post of director; and that on the part of the foundation, in the current context, it can seek to establish political connections and increase its capacity of attracting donated resources.

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35

Lai, Weijun, Jiangang Zhu, Lin Tao, and Anthony J. Spires. "Bounded by the State: Government Priorities and the Development of Private Philanthropic Foundations in China." China Quarterly 224 (November 4, 2015): 1083–92. http://dx.doi.org/10.1017/s030574101500123x.

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AbstractFrom a regulatory perspective, philanthropy in China has been officially modernized. Since the government established a legal framework in 2004 based on models from overseas, the number of private foundations in China has grown more than six-fold. Drawing on a nationally representative survey of 214 private foundations conducted in 2012, we present a landscape view of these new philanthropic institutions, discussing both who begins foundations and how their monies are used. We find that despite the rise of new private wealth in China and the adoption of the private foundation form, government priorities are structuring the field of Chinese philanthropy in key and consequential ways. We conclude with some considerations of the implications of these findings for the development of broader civil society.

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36

Yoder, Timothy R., Noel Addy, and Brian P. McAllister. "Tax-Motivated Increases in Qualifying Distributions by Private Foundations." Journal of the American Taxation Association 33, no. 1 (2011): 79–108. http://dx.doi.org/10.2308/jata.2011.33.1.79.

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ABSTRACT: We examine three categories of private foundations with tax incentives to increase their qualifying distributions: (1) foundations barely qualifying for the 1 percent tax rate on net investment income, (2) foundations barely avoiding the tax on undistributed income, and (3) foundations that pay an excise tax on undistributed income. We expect tax-motivated foundations to use allocations across expense categories and over time to increase their qualifying distributions. Our sample consists of a balanced panel of 1,974 private foundations over a 12-year period from 1995 through 2006, resulting in 23,688 foundation years. We find that foundations barely meeting the 1 percent tax benchmark use tax-motivated allocations both across expense categories and over time to increase qualifying distributions. In contrast, foundations barely avoiding or minimizing the tax on undistributed income use set-aside amounts to allocate distributions over time, but do not use allocations across expense categories to increase qualifying distributions.

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37

Bergervoet, M., and J. Starreveld. "The Netherlands Antilles Private Foundation in international privacy and asset protection structures." Trusts & Trustees 16, no. 6 (2010): 496–502. http://dx.doi.org/10.1093/tandt/ttq044.

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38

Dash, J. "Nevis: a foundation for privacy--the ownership and management of a private trust company by a multiform foundation." Trusts & Trustees 17, no. 6 (2011): 586–93. http://dx.doi.org/10.1093/tandt/ttr047.

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39

Schwank, F. "The Austrian Private Foundation in times of crisis." Trusts & Trustees 18, no. 6 (2012): 502–8. http://dx.doi.org/10.1093/tandt/tts040.

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40

Boutin, G. "The Private Interest Foundation in Panama and a comparison of Panamanian and Liechtenstein Foundations." Trusts & Trustees 2, no. 8 (1996): 24–27. http://dx.doi.org/10.1093/tandt/2.8.24.

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41

Cain, C. A., and C. Skye. "New relaxed regulatory regime for private international charities: the Manx Private Charitable Foundation." Trusts & Trustees 15, no. 1 (2009): 7–9. http://dx.doi.org/10.1093/tandt/ttn114.

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42

Sayidah, Nur, and Aminullah Assagaf. "Participatory Budgeting In Indonesia Private University." AKRUAL: Jurnal Akuntansi 10, no. 1 (2018): 57. http://dx.doi.org/10.26740/jaj.v10n1.p57-68.

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This study aims to explore participatory budgeting practices of a private university in Surabaya. The research method use qualitative approach. The research site is Dr. Soetomo Surabaya. Informants in this study were Rector, Vice Retor, Deans and Head of Internal Audit. The data collection is mainly with participating observation. Researchers as vice chairman of the budget committee could follow budgeting process began with budget committee meetings, leaders meetings, senate meeting until the meeting with the foundation. Data were analyzed with Miles and Huberman's (1992) qualitative analysis technique. The result indicates that Vice Rector II acts as a leader have in the context of budgeting. Rector as a leader in university level and Chairman of the Foundation acts as a leader at the foundation level. Harmony and togetherness in the budgeting process is reflected in the participation of some players in establishment of work program. This process is in a way democratic. While, the balance is reflected in the process of budgetary increase in allowances.

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43

Siswadi, Yudi, Radiman Radiman, Jufrizen Jufrizen, and Muslih Muslih. "Model Faktor Determinan Kompetensi Lulusan Perguruan Tinggi Islam Swasta di Kota Medan." JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL 12, no. 1 (2020): 230. http://dx.doi.org/10.24114/jupiis.v12i1.17229.

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This study aims to determine how the determinant factor model of competence of graduates of private Islamic tertiary institutions in the city of Medan. The population in this study are all Private Islamic College Students in Medan. The respondents will be taken 135 respondents. Data collection in this research was conducted by means of interviews, questionnaires and documentation. The data analysis method used was the Structural Equation Model. The results showed that Foundation Management affected Governance, Foundation Management affected Lecturer Performance, Foundation Management affected graduate Competence, University Governance affected Lecturer Performance, University Governance affected Graduates' Competence, and Lecturer Performance influenced Graduates Competence. Private Islamic College in the City of Medan. Foundation Management influences Lecturer Performance and Foundation Management influences graduate Competence through governance and University Governance influences graduate Competency through lecturers' performance in Private Islamic Universities in Medan.

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44

Cash, E., and N. J. Fountain. "Bahamas: Breaking down Foundations: procedures for the redomiciliation and termination of a Bahamian Private Foundation." Trusts & Trustees 20, no. 6 (2014): 550–55. http://dx.doi.org/10.1093/tandt/ttu080.

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45

Levine, Carolyn B., and Richard C. Sansing. "The Private Foundation Minimum Distribution Requirement and Public Policy." Journal of the American Taxation Association 36, no. 1 (2013): 165–80. http://dx.doi.org/10.2308/atax-50619.

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ABSTRACT This study examines the public policy rationale for the minimum distribution requirement that requires private foundations to spend at least 5 percent of their assets on charitable purposes. The study explicitly models an objective function that the government tries to maximize and a population of heterogeneous contributors that care about both distributions to charity and assets under their control. An increase in the minimum distribution requirement increases the rate of charitable distributions from some foundations, but deters other contributors from forming foundations. The level of the minimum distribution requirement reflects a trade-off between these two effects.

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46

WENDEHORST, CHRISTIANE. "The State as a Foundation of Private Law Reasoning." American Journal of Comparative Law 56, no. 3 (2008): 567–604. http://dx.doi.org/10.5131/ajcl.2007.0017.

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47

Niegel, J. "Reflections on the versatility of the international private foundation." Trusts & Trustees 12, no. 5 (2006): 4–5. http://dx.doi.org/10.1093/tandt/12.5.4.

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48

Schwank, F. "The Austrian private foundation as a property holding structure." Trusts & Trustees 19, no. 6 (2013): 558–62. http://dx.doi.org/10.1093/tandt/ttt082.

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49

Menyhei, A. "Hungary: Estate planning in Hungary: private foundation or trust?" Trusts & Trustees 21, no. 6 (2015): 650–56. http://dx.doi.org/10.1093/tandt/ttv060.

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50

Kuleli, Turgay, and Urmas Kaarlep. "Is the Estonian Foundation Act ready for private purposes?" Trusts & Trustees 23, no. 6 (2017): 653–57. http://dx.doi.org/10.1093/tandt/ttx070.

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