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What it is

How foundations are created and run in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 31 July 2002. Introduced by: Gobierno.

Official title: Government bill on Foundations.

Follow this law

Source: Congreso de los Diputados, file 121/000105· updated 11 Nov

Automatic summary, not yet reviewed

  1. A foundation is a nonprofit organization whose assets are permanently dedicated to purposes of general interest, such as social assistance, education, culture or environmental protection. Only entities registered in the Foundations Registry may use the word "Fundación" in their name.
  2. Any individual or legal entity can create a foundation, through a public deed or a will. The endowment is presumed sufficient at 30,000 euros; if it is lower, viability must be justified. If the trustees do not request registration within six months, the Protectorado Government body that supervises, advises and controls foundations. removes them and appoints new ones.
  3. The Board of Trustees is the governing and representative body, with a minimum of three members. Trustees serve free of charge, but may be paid for services other than their duties as trustees, with approval from the Protectorado. They are jointly liable for damage caused by acts contrary to the Law or the bylaws.
  4. Selling or encumbering endowment assets requires prior approval from the Protectorado; other disposal acts must only be reported within thirty business days. At least 70 percent of profits and income must go to the foundation's purposes, with up to four years to comply.
  5. Foundations may run economic activities related to their purposes and may keep simplified accounting if they are small (low assets, income or staff). Only large ones must have their accounts externally audited. Instead of an annual budget, they submit an action plan.
  6. The Protectorado oversees legality, advises foundations, and can challenge board decisions or ask a court for temporary intervention of the entity. State public sector foundations need authorization from the Council of Ministers to be created and face special limits, such as not exercising public authority.

Who it affects

  • People or entities wanting to create a foundation: They must grant a public deed or will, provide a sufficient endowment and register the entity in the Foundations Registry.
  • Trustees (patronos): They govern the foundation without pay for the role, are liable for their acts, and must register the foundation within six months or be removed.
  • Existing foundations: They have two years to adapt their bylaws to the new Law and must follow the new accounting and action plan rules.
  • State public sector entities: They need Council of Ministers authorization to create a foundation, and their foundations are subject to special rules.
  • Foreign foundations: If they want to operate permanently in Spain, they must keep a delegation and register; otherwise they cannot use the name "Fundación".

Words worth knowing

Dotación (endowment)
Money or assets put in when the foundation is created so it can operate and fulfill its purposes.
Patronato (Board of Trustees)
The body that governs and represents the foundation; its members are called patronos.
Protectorado
Government body that supervises, advises and controls foundations.
Estatutos (bylaws)
The foundation's internal rules: its purposes, bodies and operation.
Actos inter vivos y mortis causa
Acts between the living (by public deed during life) or by cause of death (through a will).

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced31 July 2002Someone registers the text in the Congreso.
  2. Admitted13 August 2002The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 August 2002Groups propose changes.
  4. Committee1 October 2002A committee goes through the text in detail.
  5. Plenary6 November 2002All 350 deputies vote.
  6. Senate21 November 2002The Senate can pass it, amend it or veto it.
  7. BOE19 December 2002It is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Jul 2002Aug 2002Sept 2002Oct 2002Nov 200211. 31 July 2002: Presentación22. 13 August 2002: Comisión de Educación, Cultura y Deporte Publicación desde 13/08/2002 hasta 20/08/200233. 13 August 2002: Calificación44. 20 August 2002: Comisión de Educación, Cultura y Deporte Enmiendas desde 20/08/2002 hasta 17/09/200255. 17 September 2002: Comisión Constitucional Enmiendas desde 17/09/2002 hasta 19/10/200266. 1 October 2002: Comisión Constitucional Mesa - Calificación desde 01/10/2002 hasta 01/10/200277. 1 October 2002: Comisión Constitucional Debate de totalidad desde 01/10/2002 hasta 03/10/200288. 19 October 2002: Comisión Constitucional Informe desde 19/10/2002 hasta 30/10/200299. 30 October 2002: Comisión Constitucional Dictamen desde 30/10/2002 hasta 06/11/20021010. 6 November 2002: Pleno Aprobación desde 06/11/2002 hasta 21/11/20021111. 21 November 2002: Senado desde 21/11/2002 hasta 19/12/20021212. 19 December 2002: Concluido - (Aprobado con modificaciones) desde 19/12/2002 hasta 21/01/2003

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Presented before in:

Published in the BOE: Law 50/2002, of December 26, on Foundations.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error