Guernsey foundations
Produced in partnership with Gavin Ferguson of Ogier
Practice notesGuernsey foundations
Produced in partnership with Gavin Ferguson of Ogier
Practice notesThe foundation is originally a civil law concept and, unlike the common law trust, a creature of statute. This Practice Note is a summary of the Guernsey foundations regime, which took effect in 2013. It describes the main features of a Guernsey foundation and briefly addresses the registration process, the key persons involved in a foundation and their respective rights and duties, the uses of a foundation and the migration of a foreign foundation to Guernsey. The regulation and taxation of foundations in Guernsey is also discussed below.
What is a Guernsey foundation?
The Foundations (Guernsey) Law, 2012 (Law), which came into force on 7 January 2013 (and which was amended by the beneficial ownership of Legal Persons (Guernsey) Law, 2017 (Beneficial Ownership Law) and most recently by the Foundations (Guernsey) (Amendment) Law, 2023, among other changes made via ordinance and regulation), enables the establishment of foundations in Guernsey. The flexibility that is afforded by the Law permits Guernsey foundations to be used for a myriad of purposes ranging from traditional private client wealth structuring to commercial and financial
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