A recent webinar brought together legal scholars and practitioners to explore how enterprise foundations can support long-term, responsible, and mission-bound business ownership. Chaired by Anne Birgitte Gammeljord, the discussion drew on the Enterprise Foundation Model Law, with contributions from Steen Thomsen and Anne Sanders as Co-Reporters, and practical insights from Michelle Davies, General Counsel of the Lloyd’s Register Foundation.
The discussion addressed growing concerns about short-term ownership, financial pressure, and rapid turnover of control in European economies. Enterprise foundations were presented as a credible alternative ownership model, designed not as philanthropic tools but as structures that safeguard companies’ independence, purpose, and long-term viability.
A central focus was the Model Law on Enterprise Foundations, which sets out key principles including the separation of ownership and profit entitlement, long-term orientation without mandating perpetual ownership, active and responsible foundation ownership, and flexibility across legal systems. The model law was described as a reference framework rather than a rigid blueprint for legislators and regulators.
Governance and supervision featured prominently. Anne Sanders emphasised the importance of clear role separation between foundation boards and company management, while Steen Thomsen highlighted the risks of fragmented supervisory regimes and the benefits of specialised, competent oversight.
The speakers stressed that long-term ownership does not mean ownership ‘forever’. Enterprise foundations should regularly assess whether they remain the best possible owner, operating under normal market conditions that include competition, restructuring, or sale where appropriate.
The webinar also explored the relevance of enterprise foundations in socially sensitive sectors such as media, healthcare, and professional services, where independence and public trust are critical. Drawing on steward ownership concepts, speakers highlighted the value of ownership models that protect long-term quality and credibility.
From a common law perspective, Michelle Davies illustrated how similar outcomes can be achieved through trust-based structures, citing the Lloyd’s Register Foundation and the Guardian Media Group. Trust law’s flexibility was seen as a promising avenue, particularly if supported by clearer regulatory templates.
Concluding the session, participants reflected on dispute resolution, ownership practice, and future policy development. As Anne Birgitte Gammeljord noted, the webinar marked the beginning of a broader journey to advance enterprise foundations as a credible and adaptable ownership model for Europe’s long-term economic resilience.
The event concluded with an engaging discussion with the audience.
The recording of the webinar is available below.
