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Offshore Company formation-
The foundation |
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The foundation - a
perfect instrument for asset protection
The word Foundation is
generally automatically perceived as a charitable or non-profit making
organization. In fact only a small percentage of all foundations are
charitable. Most foundations are set up for the protection of the founders'
assets and as a tax benefit.
The actual legalities of a foundation determine that there is no
obligation to be a charitable organisation. The speciality of a foundation
is that it has no actual owners but only a board of officers. This fact
seems to be a minor juridical issue but actually it is of utmost
importance. Once assets have been placed into the foundation the founder
does not legally own them or have a requirement to declare them. He
neither owns the foundation. This is of particular interest in cases of
bankruptcy, divorce or third party claims. All types of assets can be
owned by a foundation such as bonds, stocks, real estate and even patents
or rights. Using a regular company structure there would always be a
beneficial owner in the background and especially relatives could be
informed about that. With a foundation there is legally no owner and even
if somebody knows of a connection between founder and foundation, he can
not access the property of the foundation.
Due to the fact that a foundation is a corporate body it allows easy
controlling. The term of the foundation in unlimited and certain
requirements or specifications may be fixed in the articles. These
specifications can not be altered or revoked at any time, even after the
death of the founder. This ensures that the founders funds are only ever
granted to whom he states.
A foundation is not formed in order to conduct business. It is made to
manage and protect it's own assets. However it is a very common and useful
structure to have a foundation as owner of an offshore corporation. The
profit of the corporation is regularly transferred to the foundation but
should a bankruptcy of the corporation occur, it would not affect the
foundation at all.
Advantages in
forming a Foundation
The
Founder can transfer any assets he has into the foundation and legally
declare he does not own them |
No
assets that belong to the Foundation can be seized |
Potential inheritors can not make claims against the Foundation |
Foundations are free from taxation |
Foundations are not required to be charitable or non-profit making
organizations |
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