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What do you need to know?
Foundations are non-profit entities, made up of one or more founders, through the allocation of economic assets or rights, and through the use of their income or resources obtained by other means for purposes that are of general interest. Foundations acquire definitive legal personality with the registration of the founding charter in the Registry of Foundations.
This procedure can only be done online with a digital certificate. Any documentation you provide outside of this channel will not be considered or computed for filing date purposes.
Once the payment letter has been generated, the fee must be paid within 10 business days. If after this period the corresponding amount has not been paid, the application will be deemed rejected and the procedure will be closed.
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To the founders, that is to say, to the natural or legal persons who formally express the will to constitute a foundation to which they donate money or other lucrative goods or economically valuable rights.
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To the trustees, that is, to the people who have expressly and formally accepted the appointment to form part of the board of trustees, which is the highest governing body of foundations.
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To the persons appointed by the founders in last wills and testaments in which they have expressed the will to constitute a foundation.
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To the representatives of the persons indicated above.
- The deadline for submitting the documentation is 10 business days from the day after the application is submitted.
- Once the payment letter has been generated, the fee must be paid within 10 business days. If after this period the corresponding amount has not been paid, the request will be considered rejected and the procedure will be closed.
- You can apply for registration in the Registry of Foundations once you have the public deed of the foundational charter.
Documentation to be attached to the application
- An authentic copy of the public deed of the foundational charter, which must have at least the following content:
- The name, domicile and nationality of the founders and, in the case of foundations ordered by reason of death, in addition, these same data referring to the persons executing the will of the causer.
- The will to found a foundation.
- The initial endowment, with the indication, if such is not monetary, of the nature of the assets, their owners, the contribution certificate, and the valuation. The initial endowment cannot be less than 30,000 euros. If the contribution is in property or rights, a report, issued by an expert, must be included as an annex to the charter. The report must contain the description of the assets or rights, the registration data and information on the liens on the assets contributed, if any, as well as their valuation and potential profitability, and the indication of the criteria that have been used
- to make these estimates. In the case of an economic holding, the duly audited annual accounts must also be submitted.
- The designation of the persons to constitute the initial board of trustees. Their acceptance must also be presented if it occurs at the time the charter is awarded. In addition, in the case of natural persons, the members of the board of trustees must declare that they are not disqualified from holding public office or from administering property and that they have not been convicted of crimes of forgery, against property or against the socio-economic order. If the members of the board of trustees are legal entities, they must comply with the provisions of the respective statutes in relation to representation in the bodies of representation, direction and management of other legal persons.
- The by-laws of the foundation. These must include at least the following information:
- The denomination (must contain the word foundation ).
- The duration, if it is not constituted for an indefinite period of time, and the date of commencement of the activities, if it does not coincide with the date the founding charter is awarded.
- The domicile.
- The founding purposes and the activities proposed to be carried out, indicating the main territorial scope.
- The basic rules for the application of resources to the foundational purposes and for the determination of the beneficiaries.
- The rules on the organization and operation of the board of trustees regarding the composition, the manner of appointing and renewing the members, the duration of the term of office of the trustees, the system for convening meetings, the manner of deliberating and adopting agreements and the procedure for approval of the minutes. It should be kept in mind that, in accordance with Article 332-
- 3 of Book III of the Civil Code, the duration of the position of trustee and that of the positions that trustees may hold in the board of trustees shall be established in the by-laws. This duration may be indefinite if the founders have so established in the founding charter.
- The regulation, if applicable, of other bodies of the board of trustees that may be set up, including those of internal control and supervision. The regulation of these bodies must include the composition and functions they are to take on.
- Provisions deemed relevant to avoid conflicts between the interest of the foundation and the personal or professional interests of the trustees, persons with management functions or employees of the foundation.
- The destination of surplus goods, in case of dissolution, in accordance with the provisions of Article 335-6 of Book III of the Civil Code.
- The certificate of the agreement of the board of trustees, signed by the secretary, with the approval of the president, approving an economic viability project for the first two years of operation of the foundation and the planned activities (article 331-7.2 of the Book III of the Civil Code).
- Self-assessment of property transfer tax and documented legal procedures. This document is obtained after being processed by the Territorial Services of the Department of Economy and Knowledge.
98,30 €
Payment of the fee can be made at any CaixaBank ATM with a credit or debit card from any institution or, if available, with a CaixaBank bank book, or with a CaixaBank current account. Payment can also be made online, using the online payment option on the CaixaBank website.
Proof of payment must be kept as a receipt.
If additional documentation relating to a pending file is submitted, the fee will not be reimbursed.
Steps to follow
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Step one
Registration
This procedure can only be done online. You must sign the main form with a digital certificate as a representative, affiliated person, or natural person.
To ensure that you are using the latest version of the forms at the time of processing, you must download them each time you need to use them. Reusing documents may result the presentation of an obsolete version.
By Internet
Request
Start . Go to RequestHow to do it?
- Download the form.
- Fill in, validate and save the form.
- Send it for processing and you will get the receipt.
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Step two
Fer el pagament
Podeu pagar la taxa de les maneres següents:
Podeu pagar la taxa de les maneres següents:
- Presencialment, a qualsevol caixer automàtic de CaixaBank, amb una targeta de crèdit o de dèbit de qualsevol entitat o, si en disposeu, amb una llibreta o un compte corrent de CaixaBank.
- Per internet, mitjançant l'opció de pagaments en línia del web de CaixaBank.
Heu de conservar el resguard justificatiu del pagament com a comprovant.
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Step three
Check the status of the procedure
To check the status of the procedure, you can use the My Status section of this portal. If you have applied with a digital certificate, you can also use the Private area section of this same portal.
To check the status of the procedure, you can use the My Status section of this portal. If you have applied with a digital certificate, you can also use the Private area section of this same portal.
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Step four
What is the Administration’s response?
After the Administration has received the application and all the documentation in accordance with the regulations of the foundations, it must notify whether it has proceeded to register the [...]
After the Administration has received the application and all the documentation in accordance with the regulations of the foundations, it must notify whether it has proceeded to register the constitution of the foundation within a maximum period of three months.
If the Administration does not issue any electronic notification within this period through the e-NOTUM service, which you can access via the Mobile idCAT and/or digital certificate, the applicant shall take this to mean that the constitution of the foundation has been registered.
