On 11 March 2026, ELI convened a High-Level Forum to discuss its recently published Model Law on Enterprise Foundations.

The Forum brought together around 30 distinguished participants, including representatives of European Ministries of Justice, representatives of Supreme Courts, representatives of foundations, and other key stakeholders. It offered a unique platform for in-depth dialogue on how enterprise foundations can support long-term, responsible, and mission-bound business ownership.

The event was chaired by Anne Birgitte Gammeljord (Danish Supreme Court lawyer; ELI Treasurer), who emphasized that the Forum aimed to facilitate a thorough exchange on the recently adopted ELI Model Law.

Prof Dr Anne Sanders and Prof Steen Thomsen (Co-Reporters of the ELI project) presented the Model Law and how enterprise foundations can create successful companies.

This was followed by a presentation on the European Commission’s work related to responsible business ownership and steward ownership by Philipp Runge (Legal & Policy Officer – DG GROW (Internal Market, Industry, Entrepreneurship and SMEs).

The presentations led to a dynamic and engaging discussion among participants.

Key discussions points included: 

• The need for a coherent legal and institutional framework for enterprise foundations at both national and European levels.
• The question of whether existing judicial systems at national and European level are sufficiently equipped to address the complexity of issues arising from enterprise foundations, including the potential need for specialized courts, judicial training, and enhanced cross-border cooperation.
• The recognition that enterprise foundations promote stability, long-term ownership, sound corporate governance, and competitiveness, thereby supporting companies—particularly SMEs—and contributing to economic resilience in Europe.
• The need for greater clarity on the concept of “good governance,” including the importance of board independence (especially in family-owned enterprises) and the tension between formal legal requirements and actual governance practices.
• The exploration of possible future developments at European level, including the potential emergence of a “28th regime” for foundations, alongside the understanding that the implementation of the Model Law remains a political and jurisdiction-specific matter.
• The identification of taxation as a critical issue, with emphasis on the principle of tax neutrality for enterprise foundations, while acknowledging the diversity of national tax systems across Member States.
• The discussion of enforcement and dispute resolution mechanisms, highlighting the central role of courts and the complementary use of ADR and arbitration, alongside concerns regarding transparency, consistency, and the development of case law, as well as the need for judicial cooperation and training.
• The emphasis on the flexibility of enterprise foundations, including the ability to adapt their purpose over time, the acceptance of calculated risks (including insolvency), the evolution of governance structures, and the relevance of cross-border aspects and EU internal market principles.

ELI Model Law on Enterprise Foundations is available here.