Acronym Definition
NTKF Näringslivets Telekoförening Forum
NTKF Need To Know First
NTKF Not Tiefkühlfrisch (German: not Frozen)
NTKF Not Knock First
NTKF Norsk Thoraxkirurgisk Forening
NTKF Norges Tradisjonelle Karate Forbund
NTKF NTK Foundation
A foundation is a legal categorization of nonprofit organizations. Foundations
may also and often have charitable purposes. This type of nonprofit organisation
may either donate funds and support to other organizations, or provide the sole
source of funding for their own charitable activities.
Foundations in Civil Law
The term "foundation," in general, is used to describe a distinct legal entity.
Foundations as legal structures (legal entities) and/or legal persons (legal
personality), may have a diversity of forms and may follow diverse regulations
depending on the jurisdiction where they are created.
In some jurisdictions, a foundation may acquire its legal personality when it is
entered in a public registry, while in other countries a foundation may acquire
legal personality by the mere action of creation through a required document.
Unlike a company, foundations have no shareholders, though they may have a
board, an assembly and voting members. A foundation may hold assets in its own
name for the purposes set out in its constitutive documents, and its
administration and operation are carried out in accordance with its statutes or
articles of association rather than fiduciary principles. The foundation has a
distinct patrimony independent of its founder.
Foundations are often set up for charitable purposes, family patrimony and
collective purposes.
Netherlands
A foundation or "stichting" in The Netherlands is a legal person created through
a legal act. This act is usually either a notarised deed (or a will) that
contains the articles of the foundation which must include the first appointed
board. No government authority is involved in the creation or authorization of a
foundation, it acquires full legal capacity through its sole creation. A
foundation has no members and its purpose must be to realise a purpose stated in
its articles, using capital dedicated to such goal. The foundations are defined
in the Dutch Civil Code "Burgerlijk Wetboek", Boek 2 Art 285-2:285. It is not
necessary in Netherlands that a foundation serves a purpose of general interest.
The foundations are governed and represented by a board that is responsible for
its administration, this board has not a requirement for specific number of
members. The Funds or "fondsen" are almost all foundations but those must not be
confused one with the other regarding their legal status. The Art 2:289 of the
Civil Code establishes that all foundations must be registered in the Register
of Commerce or "Handelsregister". Commercial activities are allowed if they are
within the purpose of the foundation and are taxed. Board members can be held
liable for the foundation, civilly as well as criminally.
Spain
Foundations in Spain are organizations founded with the purpose of not seeking
profit and serving the general needs of the public. Such foundation may be
founded by private individuals or by the public. These foundations have an
independent legal personality separate from their founders. Foundations serve
the general needs of the public with a patrimony that funds public services and
which may not be distributed to the founders' benefit.
Sweden
A foundation in Sweden (Stiftelse) is a legal entity without an owner. It is
formed by a letter of donation from a founder donating funds or assets to be
administered for a specific purpose. When the purpose is for the public benefit,
a foundation may enjoy favourable tax treatment. A foundation may have diverse
purposes, including but not limited to public benefit, humanitarian or cultural
purposes, religious, collective, familiar, or the simple passive administration
of funds. Normally, the supervision of a foundation is done by the county
government where the foundation has its domicile, however, large foundations
must be registered by the County Administrative Board (CAB), which must also
supervise the administration of the foundation. The main legal instruments
governing foundations in Sweden are the Foundation Act (1994:1220) and the
Regulation for Foundations (1995:1280).
Foundations in Common Law
Canada
Foundations in Canada
Under Canadian law, foundations may be public or private, but both are
charities. They collectively comprise a large asset base for philanthrophy
England
In England, the word "foundation" is sometimes used in the title of a charity,
as in the British Heart Foundation and the Fairtrade Foundation. Despite this,
the term is not generally used in English law, and (unlike in civil law systems)
the term has no precise meaning. Instead, the concept of Charitable Trust is in
use.
Ireland
The law does not prescribe any particular form for a foundation in Ireland. Most
commonly, foundations are companies limited by guarantee or trusts. A foundation
can obtain a charity registration number from the Revenue Commissioners for
obtaining tax relief as far as they can be considered under the law on charity,
however, charitable status does not exist in Ireland. The definition usually
applied is that from the Pemsel Case of English jurisprudence (1891) and the
Irish Income Tax Act 1967. Trusts have no legal personality and companies
acquire their legal status through the Company law and the required documents of
incorporation. Foundations are not required to register with any public
authority.
States of Jersey
The States of Jersey are considering introducing civil law type foundations into
its law. A consultation paper presenting a general discussion on foundations was
brought forth to the Jersey government concerning this possibility.
USA
Foundation (USA)
In the United States, many philanthropic and charitable organizations are
considered to be foundations. However, the Internal Revenue Code distinguishes
between private foundations (usually funded by an individual, family, or
corporation) and public charities (community foundations or other nonprofit
groups that raise money from the general public). Private foundations have more
restrictions and less tax benefits than public charities.
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