New realities in the third sector: the legal and organisational contributions of community foundations

Abstract

Community Foundations are an emerging reality in Europe, although their origins date back to the early twentieth century. In Spain, however, until very recently there has been no awareness about organisations that answer to the characteristics of this type of foundation. The purpose of this paper is, first of all, to systematize their specific distinguishing elements at organisational level, and the resources, activities, processes and governance structures that underlie this particular formula in the Third Sector, explaining how they manifest themselves through some present-day examples of good practice in the Spanish scenario. This systematization provides a basis, secondly, for proposing a definition for community foundations, reflecting on the relevance of the term chosen to designate and highlight their key advantages, contributions and innovations compared to other alternative legal forms (such as classical foundations and associations) which is leading them to become a phenomenon in social organisational innovation. Finally we outline the intricacies of this type of entity within the Spanish legal system and highlight some of the difficulties and regulatory glitches that could arise if the current regulation, primarily concerned with taxes, does not adequately take into account the characteristics of such entities.