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Art. 83d110
IV. Organisational defects 1 If the planned system of organisation proves inadequate, if the foundation lacks one of the prescribed governing bodies or one such body is not lawfully constituted, or if the foundation is no longer legally domiciled at its seat, the supervisory authority must take the necessary measures. In particular it may:111
2 In the event that the foundation is unable to organise itself effectively, the supervisory authority shall transfer its assets to another foundation with as similar objects as possible. 3 The foundation bears the cost of such measures. The supervisory authority may require the foundation to make an advance payment to the persons appointed. 4 For good cause, the foundation may request the supervisory authority to remove persons whom it has appointed. 110 Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). 111 Amended by Annex No I of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617). |