A public foundation is an NPO created by the government upon legislative authorization to undertake public activities not necessarily assigned to the government. Public foundations can be established and can operate under either a public law or a private law regime. Public foundations have independent administrators and boards, as well as their own assets, which may come from the state or other sources (Law 7.596/87 Article 5(IV)). Public foundations acquire legal personality through the law that creates them, while foundations under the private law regime become legal entities by registering their constitutive acts in the public register’s office. Public foundations are not subject to oversight by the Attorney General's Office, unlike private foundations (Law 7.596/87 Article 5(IV)(3)).
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