Volume 109, Issue 42
Royal Gazette
8 April 2535
has the duty to establish the foundation according to section 1677, paragraph 1, shall proceed with it in accordance with section 114 and the provisions of this section.
If the person who has the duty to establish the foundation according to paragraph 1 fails to apply for registration of the establishment of the foundation within one hundred and twenty days from the day he becomes or should become aware of the testamentary disposition requiring the establishment of the foundation, any interested person or public prosecutor may apply for registration of the foundation.
If the applicant for registration of the foundation fails to effect rectification or modification correctly in accordance with the registrar's order under section 115, thereby causing the registrar to refuse the registration, any of the interested persons or public prosecutors may apply for registration of the foundation again.
The applicant for registration of the establishment of the foundation according to this section cannot withdraw the establishment of the foundation according to section 116.
In the event that an objection is made to the registrar, stating that the testament does not require the establishment of the foundation, the registrar shall notify the objector to file a petition with a court within sixty days from the day he is notified by the registrar, and the registrar shall put off the consideration about the registration for the time being in order to conform to a judgment or order of the court. If the objector fails to file a petition with the court within the designated time, the registrar shall resume the consideration about the registration of such foundation.
Section119.In the event that a testamentary disposition requires the establishment of a foundation, if the testament contains no disposition relating to the item under section 112(1), (3), (5), or (6), the applicant under section 118 shall be permitted to designate such an item. If it is objected by any interested person, the registrar shall issue an order as he finds appropriate and notify the applicant and objector thereof and shall at the same time notify them that either of them, if not satisfied with the said order, shall file a petition of objection with a court within sixty days from the day he is notified by the registrar, and the registrar shall put off the consideration about the registration for the time being in order to conform to a judgment or order of the court. However, if no petition of objection is filed with the court within the designated time, the registrar shall resume the consideration about the registration of the foundation as previously ordered.
Section120.In the event that several persons apply for registration of a foundation according to a testament of the same deceased, if the applications contain differences, the registrar shall summon the applicants to appear and adopt an agreement, and if the applicants fail to appear for adopting an agreement or fail to adopt any agreement within a period of time designated by the registrar, the registrar shall issue an order as he finds appropriate, and the stipulations of section 119 shall apply mutatis mutandis.
