Entrevista semiestructurada realizada a docentes y directivos de la I.E.D Rodrigo Lara Bonilla:

In many countries, regulations have changed over the last ten years in order to facilitate the collection and use of private funds, and there are no limitations in this respect.

In several countries however, some general conditions have to be fulfilled concerning private funds and partnerships, namely planned business activities have to correlate with the main missions and educational goals of the institution (Estonia, France, Luxembourg, the Netherlands, Poland, Latvia) or respect their status as public HEIs (Germany). In Denmark, France, Finland and Norway, this type of general condition is specified in particular for the creation of companies.

In France, the purpose of companies created by HEIs is the production, promotion and marketing of goods and services within the framework of higher education public service missions. The situation is similar in Luxembourg.

In the Netherlands, the core part of a higher education programme cannot be provided by an external partner and is the sole responsibility of the HEI.

In Finland, companies may be established by universities if there is a clear need for them in the production of educational, research and artistic services with great social impact. The situation is similar in Norway.

In many cases, HEIs also have to comply with more specific requirements when seeking private funds, and there may also be restrictions as to the types of fund which may be collected.

Taking up loans is subject to restrictions in Belgium (German-speaking Community), the Czech Republic, Germany, Ireland, France, Hungary, Malta, the Netherlands, Slovenia and the United Kingdom. In these countries, HEIs normally have to respect certain procedures in accordance with an established framework and often need prior agreement of the Ministry before borrowing money.

In Malta, borrowing an amount exceeding thirty thousand liri (i.e. approximately 69 730 euros), requires

the written approval of the Minister for Education.

In the Netherlands, transactions can only be conducted with financial institutions that have an A-rating. HEIs in the United Kingdom must comply with all the requirements agreed with the funding body when borrowing money. However, even when these conditions are met, it remains the case that neither the government nor the funding body will stand behind the HEI’s liabilities.

There are also restrictions on investments in Belgium (German-speaking and Flemish Communities), the Czech Republic, Hungary, Malta, the Netherlands, Poland and Sweden.

In Belgium (French and Flemish Communities), HEIs are not allowed to make direct financial investments. They may, however, establish a finance company in cooperation with a private banking company in order to make financial investments in spin-off companies.

In the Czech Republic, public HEIs are not entitled to put immovable assets, subsidies or grants acquired from the state into commercial corporations or cooperatives.

In Hungary and Poland, HEIs may invest their temporary surpluses only in government securities or state bonds. HEIs cannot invest in the stock market.

In Sweden, HEIs are not allowed to make profits from private funding. Therefore, only investments related to the main activities of HEIs are allowed.

Other specific restrictions also apply to revenues from property, sponsorship of posts and fees from service provision.

In Belgium (Flemish Community), rent from property should be used for maintenance of the buildings and for capital investments in buildings. In Norway, the HEI may let property, but it must not happen at the expense of the institution’s ordinary activity.

In Slovakia, the sponsorship of posts is based on an agreement that specifies the conditions between both legal entities (company and higher education institution).

In Sweden, as far as service provisions in the form of continuing education are concerned, the collection of fees from individual students is not allowed. Companies or organisations may, however, pay for commissioned courses. In the Netherlands, the cooperation between universities and academic hospitals has to be based on a prior agreement detailing responsibilities in terms of funding and staff.

In the case of the creation of companies, certain conditions must be fulfilled in several countries.

In Belgium (French and Flemish Communities), the participation of a higher education institution in a spin-off company must be based on an agreement with the institution’s management that guarantees remuneration for its financial or other contribution. Similar protective measures are defined by law with regard to the participation of HEIs in incubation and innovation centres and in research parks.

or to exercise a right of pledge on real estate. They are not entitled to become partners of public commercial corporations or to become general partners in a limited partnership.

In Denmark, a university can found only one joint stock company but may be joint owner of similar companies founded by other public research institutions. Its contribution of capital is not allowed to exceed 5 million DKK or 3 % of its turnover for research and development activities.

In Greece, only limited companies are permitted, the sole purpose of which consists in further increasing the income and the assets of HEIs.

In Hungary, official regulations that HEIs are obliged to follow specify that start-up firms may not establish further companies and have limited liability, and that the HEI has to be the majority owner.

In Poland, public-sector institutions (including HEIs) are not allowed to take over or to purchase shares in companies.

In Sweden, the setting up of private companies requires prior agreement of the government.

In Slovakia, the creation of a company is based on an agreement by both legal entities (company and higher education institution), which specifies the conditions.