A Foundation is an incorporated legal entity, separate from its founder, officer and any beneficiaries. It provides flexibility, privacy, and all the benefits that come with company ownership.

It is often seen as a cross between a trust and a company, and has characteristics of both. A foundation has a separate legal personality.

A Foundation is established by a founder who transfers assets to achieve the objects of the Foundation. Assets placed in a Foundation become the property of the Foundation, both legally and beneficially.

A Foundation has a separate legal personality, can transact in its own name, can hold assets, can sue and be sued. Unlike Trusts, which are established for a finite period, Foundations can exist in perpetuity.

Foundations offer several unique and distinctive characteristics. These include:

  • A Foundation has a separate legal personality and can enter contracts in its own name.
  • A Foundation is a registered entity and is therefore relatively transparent, which can be of advantage to financial institutions and authorities when complicated transactions are being entered into.
  • The removal or addition of beneficiaries can be carried out by an amendment to the constitution documentation.
  • Legal charges can be placed against a foundation and can be recorded.

Every Foundation must have a Founder, Beneficiaries, Foundation Instrument and Council. A Foundation can also appoint an Enforcer, but this is optional, unless the Foundation is established to carry out specific non-charitable purposes.

Our Foundation services include:

  • Establishment of Foundations across multiple jurisdictions
  • Drafting the Foundation Instrument
  • Provision of Council Members
  • Registration of the Foundation
  • Management and Administration