Protection of privacy: except in special cases, the accounts of corporate foundations do not have to be communicated to third parties

23/11/2022

Protection of privacy: except in special cases, the accounts of corporate foundations do not have to be communicated to third parties

A Corporate Foundation has the right to the protection of its private life. Consequently, if it does not receive public subsidies, its accounts do not have to be communicated to third parties who so request.

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A corporate foundation has the legal obligation to communicate each year to the Prefecture its accounts and its annual report.

In principle, the documents communicated to the administration can be communicated to third parties who request them (e.g. the by-laws).

As an exception, if their communication constitutes an invasion of the privacy of the person concerned, the documents do not have to be communicated.

According to case law, the communication of information relating to its financial situation constitutes a violation of the privacy of a legal person. In the present case and according to the French Conseil d’Etat, since the Corporate Foundation did not receive public subsidies for the financial years concerned, its accounts do not have to be communicated.