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This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
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for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
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party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
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4) Law 5 ,869, of January, 10 th, 1973 – Civil Proceedings Code

CHAPTER X – ORGANIZATION AND FISCALIZATION OF FOUNDATIONS
Art. 1199. The founder, in creating the foundation, will elaborate its statutes or nominate who will do it.

Art. 1200. The interested party will submit the statute to the Public Ministry that will verify whether the
bases of the foundation were observed and if the goods are sufficient for the purpose to which it is
intended.

Art. 1201. Filled the request, the Public Ministry, within 15 (fifteen) days, shall approve the statute,
indicate modifications rendered necessary or deny the approval.
§1 In the last two cases, the interested party may, upon a motivated petition, request the judge to
supply the approval.
§2 The judge, bef ore supplying the approval, may determine some changes to be made in the statute, in
order to adapt it to the founder’s goal.

Art. 1202. It will be in charge of the Public Ministry to elaborate the statute and submit it for the judge’s
approval:
I – when t he founder fails to do it or to nominate who will do it;
II – when the person in charge does not accomplish the burden assigned within the term determined by
the founder or, if no term is assigned, within six (6) months.

Art. 1203. The modification of the statute will be subject to the approval of the Public Ministry. In case it
is denied, the provisions of art. 1201, §1 and §2 shall be observed.
Sole Paragraph. When the reform has not been decided by unanimous vote, the administrators, when
submitting the statute to the Public Ministry , shall ask that acknowledgment is given to the unsuccessful
minority, to oppose it within 10 (ten) days.

Art. 1204. Any interested person or the Public Ministry shall promote the extinction of a foundation:
I – if it object becomes illicit;
II –if its maintenance is impossible; and
III – if overcome the existence of its term.