Foundation Law
Liechtenstein foundation law is one of our law office’s prime areas of expertise thanks to our first-class competence in this field. Attorney-at-law Harald Bösch holds a position which is virtually unique among practitioners. Over the past 15 years, he has devoted significant effort to academic research at the highest level into fundamental issues of Liechtenstein foundation law. He is the author of the 800-page standard work on the subject: "Liechtensteinisches Stiftungsrecht". Major international mandates as well as the invitation from a US court to serve as expert witness on Liechtenstein foundation law attest to the exceptional expertise of our law firm’s owner, Harald Bösch, in this field.
Bösch’s contribution to the legal literature has left its mark on judicial practice in Liechtenstein. The Principality’s courts regularly call upon and cite his expert knowledge of foundation law, which is documented in various publications, when arriving at decisions. The Supreme Court of the Principality of Liechtenstein has already changed its rulings on two occasions on the basis of the appraisal of the law published by Bösch. The fruitful combination of in-depth knowledge of jurisprudence and rich practical experience is highly beneficial to our clients in the area of foundation law.
Our Liechtenstein office advises and represents private clients and institutions in all matters relating to Liechtenstein’s law on foundations. As well as drafting bespoke declarations of establishment (deeds) for foundations and supplementary foundation deeds (regulations) or their amendment, we examine these for legal consistency and enforceability in the event of proceedings.
Harald Bösch also provides legal opinions on all types of issues relating to foundation law and his expertise has enabled him to successfully help clients on numerous occasions. In view of his specialist know-how in this area of law and his litigation experience, he is frequently called upon to participate in arbitration proceedings relating to disputes involving foundation law, either as the legal representative of one of the parties or as a member of the court of arbitration.
In-depth knowledge of foundation law is sometimes insufficient to optimally address the client’s requirements, the reason being that foundation law overlaps with numerous other areas of law. These primarily include company law (in particular holding structures), forced heirship, alimony and divorce law. Above and beyond this, general aspects of creditor protection and asset protection continually play an important role. We are fully conversant with all these cross-cutting legal issues. Our Liechtenstein office is therefore also well placed to provide optimal assistance for heirs or creditors of a founder in effectively asserting their claims against foundations.