Staff
STIFA’s staff at the end of 2015 consisted of the Head of the Division its Deputy and a Legal Officer.
Activity
At the beginning of 2015, 1,239 common-benefit foundations and 15 private-benefit foundations were subject to STIFA supervision. By the end of 2015, the figures had risen to 1,286 common-benefit and 18 private-benefit foundations. On application, STIFA may exempt common-benefit foundations from the obligation to appoint an audit authority and then STIFA exercises the right of inspection according to its discretion. As of 31 December 2014, 164 of the 1,286 common-benefit foundations were exempt from the obligation to appoint an audit authority.
| Common-benefit Foundations by year end 2015 (in brackets means exemption from the obligation to appoint an audit authority) |
1’286 (164) |
| 2014: 1’239 (166) 2013: 1’199 (187) 2012: 1’169 (207) |
|
| Total Foundations newly under Supervision (previous year) | 103 (78) |
| Objections by audit authorities per accounting year 2014 as of January 2016 (accounting year 2014, 2013) | 13 (29; 47) |
| Asset management | 2 (2; 10) |
| Distribution of assets | 5 (5; 20) |
| Organisation irregularities | 4 (7; 8) |
| Accounting irregularities | 2 (14; 7) |
| Foundation endangerment | 0 (1; 0) |
| Referals by audit authorities per accounting year 2014 as of January, 2016 (accounting year 2014, 2013) | 73 (77; 65) |
| Risk concentration | 2 (3; 3) |
| Distribution of assets | 0 (2; 2) |
| Lack of funds / overindebtedness | 22 (32; 19) |
| Indirect activities via subsidiary | 5 (6; 5) |
| Organisation | 7 (9; 6) |
| Civil lawsuit | 7 (4; 7) |
| Criminal proceedings | 3 (1; 0) |
| Dissolution | 18 (8; 3) |
| Delayed registration | 0 (1; 1) |
| Objections by STIFA in 2015, 75 inspected (2014: 65 inspected) | 15 (14) |
| Asset management | 1 (1) |
| Distribution of assets | 7 (1) |
| Lack of organisation | 4 (1) |
| Lack of accounting | 1 (2) |
| Revocation of exemption | 1 (9) |
| Referrals by STIFA in 2015, 75 inspected (2014: 65 inspected) | 21 (26) |
| Distribution of assets | 8 (17) |
| Lack of funds / dissolution | 12 (9) |
| Assets | 1 (0) |
| Proceedings to appoint an audit authority under art. 552 § 27 PGR (2014) | 120 (111) |
| Supervisory measures under art. 552 § 29 para. 3 PGR, application via STIFA (2014, 2013) | 14 (9) |
| Supervisory measures under art. 552 § 29 para. 3 PGR, application via STIFA (2014, 2013) | 33 (50; 46) |
| Proceedings opened | 15 (24; 23) |
| Proceedings closed | 15 (22; 14) |
| Proceedings pending | 3 (4; 9) |
| Supervisory measures under art. 552 § 29 para. 4 PGR application via foundation participants (2014) | 7 (8) |
| Proceedings opened | 1 (4) |
| Proceedings closed | 0 (0) |
| Proceedings pending | 5 (4) |
| Proceedings under art. 552 § 33 or § 34 PGR, Alteration of purpose or other contents of the statutes (2014) | 5 (9) |
| Proceedings opened | 2 (4) |
| Proceedings closed | 3 (4) |
| Proceedings pending | 0 (1) |
| Verification of the deposited information and amendments of notifications of non-registered foundations, art. 552 § 21 PGR, five representatives inspected | 61 |
| 2014: three representatives inspected | 50 |
| 2013: two representatives inspected | 50 |
| 2012: one representative inspected | 50 |
The focus was on carrying out STIFA audits of the exempt foundations (Art. 552 § 29(3) PGR), the processing of reports by audit authorities with objections concerning the management and/or appropriation of foundation assets as well as the verification of the accuracy of the deposited notifications of formation and amend-ment in the case of private-benefit foundations (Art. 552 § 21 PGR). The STIFA applied to the court in 15 (2014: 24, 2013: 23) cases for supervisory measures.
With short lectures and presentations e.g. at lunch meetings, STIFA sought dialogue with the market participants. STIFA actively aimed for the exchange of experience with:
- the Liechtenstein Association of non-profit foundations;
- the Association of Auditors;
- the Tax Authority;
- the European Foundation Center;
- the Association of Foundation Supervision Authorities of East Switzerland.
Recent STIFA Participation Activities and Events:
- an advanced training course with German foundation supervisors;
- the general meeting of the Swiss Kantonal Foundation supervising authorities;
- one meeting with some European Foundation Supervisors regarding cross boarder supervision and the combating of financing terrorism;
- two speeches in training courses with the Association of Auditors;
- Working groups (arbitration, national risk assessment, register on beneficial ownership, EU supra national risk assessment).