Understanding Of The Foundation For Every Human – The selection of foundations as a forum to carry out and carry out activities in the past has been recognized and accepted by the community as https://fondation-babybrul.org/ an institution of a social, religious and humanitarian nature which is generally not handled by other agencies. 

The selection of the foundation is also driven by the ease of the process of establishing a foundation. However, the development of foundations in society at that time, without clear rules, as a result, many foundations were misused and deviated from their original purpose where the foundation was a non-profit institution and had social humanitarian purposes, sometimes also used with the aim of enriching the founders and administrators.

 In addition, various kinds of problems arise, both related to the aims and objectives of the foundation that are not in accordance with the articles of association, there are also disputes between the organs of the foundation, both the founder and the management or with other parties, as well as the suspicion that the foundation is used to accommodate wealth originating from the founders or other parties obtained by unlawful means.

Understanding Of The Foundation For Every Human

Not to mention regarding its status as a legal entity, the existence of a foundation is also often questioned by many parties, because the position of a foundation as a legal subject does not yet have firm and strong legal force. Moreover, regarding the procedures that must be met by foundation managers to obtain legal entity status, there is still no regulation. 

It was only after Decision Number 124 K/Sip/1973 dated 27 June 1973 that there was enlightenment regarding the legal entity status of the foundation. The Supreme Court through its decision is of the opinion that a foundation can be called a legal entity as long as it fulfills the following elements:

1) has its own assets

2) have their own (certain) goals

3) have equipment.

Decision Number 124 K/Sip/1973 dated June 27, 1973, only answered the question of the status of the legal entity of the foundation as stated above, but did not guarantee legal certainty and order and restore the function of the foundation as a legal institution in order to achieve certain goals in the social sector. religion, and humanity.

After the issuance of Law Number 16 of 2001 concerning Foundations, since then, the status of determining the legal entity of the foundation as well as the guarantee of legal certainty and order, as well as affirmation of the function of the foundation as a legal institution in order to achieve certain goals 

The importance of foundation for living things

Strictly speaking, Article 1 of Law Number 16 of 2001 concerning Foundations explains that Based on this understanding, the establishment of a foundation is intended to facilitate a number of people in organizing whose activities include social, religious and humanitarian activities, not for commercial purposes or seeking as much profit as possible (non-profit).

So, the character of a foundation legal entity that has social and non-profit purposes is clearly different from a corporate legal entity or other business entity.

A business entity that can be established by a foundation is one whose activities are in accordance with the aims and objectives of the foundation and do not conflict with public order, morality, and/or applicable laws and regulations.

The scope of activities of a business entity that a foundation can establish is quite broad, including human rights, arts, sports, consumer protection, education, environment, health, and science.

In addition, an important stipulation that must be remembered is that members of the trustees, administrators, and supervisors of the foundation may not concurrently serve as members of the board of directors or management and members of the board of commissioners or supervisors of a business entity established by the foundation.

Foundation Equity Participation in Other Business Entities

In addition to establishing a business entity, foundations can also seek profit by investing in prospective business entities. However, the capital participation is limited to a maximum of 25% of the total value of the foundation’s assets.

So, now you know that foundations can still make profits.

See you next time. 

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