The associations y foundations They are two types of non-profit entities that pursue social, charitable or general interest objectives. Although both share similar characteristics, there are important differences between them that it is necessary to know before deciding which is the most appropriate legal form for a given project.

Next, we will analyze the main differences between associations and foundations, addressing aspects such as their Constitution, gobierno, . y purpose. Understanding these distinctions is essential to choosing the legal structure that best suits the needs and objectives of each initiative.

Constitution and government

One of the main differences between associations and foundations lies in their constitution process y government structure⁤. Associations are established through the agreement of three or more natural or legal persons, who undertake to pool knowledge, means and activities to achieve a lawful purpose of general interest. The partners They are responsible for making decisions and directing the entity through a general assembly and a board of directors.

On the other hand,‌ the‌ foundations are established by the will of one or more founders, those who allocate assets to achieve a goal of general interest. The government of a foundation falls to a patronage, a collegiate body in charge of fulfilling the founding purposes and managing the assets and rights that make up the assets of the entity.

Patrimony and foundational endowment⁤

Another significant difference between associations and foundations is found in their .. Associations do not require initial assets for their constitution, since their operation is based mainly on the membership fees and the activities they carry out. However, they can acquire and possess property⁢ and‌ rights to fulfill their purposes.

On the other hand, foundations need⁢ to have a‌ founding endowment, that is, an initial equity contributed by the founders that must be adequate and sufficient to fulfill the proposed purposes. This heritage can be increased over time through contributions, donations or the generation of income derived from its activities.

Purpose ⁢and beneficiaries

Both associations and foundations pursue purposes of general interest, but there are nuances regarding its purpose and beneficiaries. Associations are usually oriented to satisfy the needs and interests of their own members, who come together to develop common activities and achieve collective benefits. Although they can also carry out actions that benefit third parties, their main objective is to meet the demands ⁤ of its members.

For their part, the ⁤foundations have as their essential purpose the benefit of generic groups of people, without there being a direct relationship between the founders and the recipients of the activities. Its objective is to satisfy social, cultural, educational or other needs, as long as they are of general interest and are not limited to a small group of individuals.

Tax regime and obligations

Although both ‌associations and foundations ‌can benefit from​ tax benefits As long as they meet certain requirements, there are some differences in their tax regime and obligations. Associations declared to be of public utility and foundations enjoy tax incentives, such as exemptions and bonuses on various taxes, but are subject to greater control and supervision by public administrations.

Furthermore, foundations have the obligation to present an action plan annual and prepare annual accounts that include an inventory, a balance sheet and an economic report. These accounts must be approved by the board and presented to the corresponding protectorate. Associations, for their part, have more flexible accounting and transparency obligations, adapted to their size and volume of activity.

Choose between⁢ association and foundation

The choice between forming a association or a fundación It will depend on various factors, such as the purpose of the project, the desired governance structure, the available assets and the obligations that one is willing to assume. If the objective is to develop activities for the benefit of a specific group and there is a group of committed people, an association may be the best option. If, on the other hand, you have significant assets and you seek to benefit To‌ society at large, a ⁤foundation may be more appropriate.

In any case, it is recommended Carefully analyze the features and requirements ⁢ of each legal form, as well as obtaining legal and tax advice ⁣before making a ‌decision. In this way, the structure that best adapts to the needs and objectives of the project can be chosen, guaranteeing its viability and the fulfillment of its social purposes.