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Legislative guidance |
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The Foundation has sought external legislative advice for clarifying some of the legislative questions the Foundation has encountered. In a number of cases the Foundation has sought advice from the leading Danish foundation expert, professor Dr. of Law Aage Michelsen, 'Handelshøjskolen' [College of Commerce] in Århus. The first approach to Aage Michelsen took place on July 5, 1993, when the newly elected chairman of the Foundation requested a legal opinion concerning the application of means outside of Denmark. On March 14, 1994 the Foundation again writes to Aage Michelsen, and expresses wishes for a legal opinion, and it says: "Furthermore the Foundation is interested in obtaining an agreement concerning standing consultative support - as the Foundation acknowledges that practice has not granted many decisions concerning similar foundations, which can be of benefit in clarifying possible cases of doubt." Aage Michelsen comes forward with the 'responsum om almennyttige fondes
anvendelse af midler til f.eks. forskning- og miljø formål uden for Danmark,
hvor formålet realiseres af private' October 19, 1994 ['Legal Opinion about
Charitable Foundations' Application of Means to for example Research and
Environmental Objectives outside Denmark, where the Purpose is being realized by
Private (Persons)']. It is clear from this document that it is possible,
legally, to utilize means from the Foundation for purposes abroad, as long as
the objectives of the Foundation are followed. |
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