The Anguilla offshore foundation is a legal entity that can be created for charitable, non charitable or ordinary purposes. It is an organization that can be created by one or more natural or legal persons.
The Anguilla Foundation Act was passed in June 2008. As such it is a modern piece of legislation (a civil law concept) that enhances Anguilla’s offshore industry. Anguilla foundations are essentially asset protection and estate planning vehicles that integrates modern offshore legislation with the aged principles of foundations.
The Anguilla foundation is an offshore entity and as such capitalizes on full tax exemptions. During its existence, the foundation will not pay any taxes on its earnings despite the foundations purposes.
It is a hybrid body – a cross between a company and a trust; but unlike a trust it is a separate legal entity and is permitted to enter into contracts and agreements, conduct the business of buying and selling property, can sue and as such can be sued. Assets held by any Anguilla foundation are legally considered property that is wholly independent from that of the founder or creator (the person forming the foundation). In this capacity the foundation functions very well to provide critical asset and wealth protection.
Advantages of Anguilla Foundation Formation
- Anguilla Foundations cannot be voided, and are not accountable to foreign laws or judgments.
- Settlement by Arbitration: Disputes arising may be settled out of court
- The Anguilla Foundation may exist perpetually; it has no time limit on its life.
- The liabilities of the foundation do not extent to the founder, beneficiaries or the members.
- Information on the foundation and its beneficiaries, endowment (assets) or members is not public information.
Uses of Anguilla Foundations
- Because a foundation is automatically protected by a corporate veil, an Anguilla Foundation will serve well for asset protection or estate planning.
- As a holding entity (business foundations);
- For increased confidentiality and discretion;
- To be able to legally separate assets from personal holdings;
- For philanthropic reasons for the benefit of social and charitable groups.
- For investment purposes; the foundation can be used as a vehicle for commercial and investment activity.
Characteristics of the Anguilla Foundation
The main document for creating the Anguilla Foundation is called the Declaration of Establishment (DOE). This document contains the proposed foundation name, the initial property endowment, the purpose of the foundation and the name of the registered agent, the names and addresses of the key parties. The DOE, must be filed in English or any other language with a certified English translation.
All Anguilla foundations must have a foundation council which can be made up of one person or a body of persons that have the responsibility to carry out the objectives and purposes of the foundation. The specific administration, the asset distribution, the beneficiaries and other guidelines and policies may be outlined in an optional document called the By-laws. The By-laws are not disclosed to the registrar and only available to the foundation council members. The foundation must also have a secretary unless one of the members is a regulated resident of Anguilla (this can be the agent).
In order to establish a foundation in Anguilla you must maintain a registered office in Anguilla and must appoint a licensed Anguillan company as the registered agent. We provide these Anguilla offshore services. We also provide Apostilles for the international legalization of your Anguilla Foundation documents.
Anguilla Foundation Requirements:
- Foundation may be declared by one or more person, individual or corporate entity
- The foundation must at all times
- Have a registered agent in Anguilla.
- Have a foundation council with one or more person, whether corporate entities or individuals.
- If the foundation council does not include a resident of Anguilla the foundation must appoint a secretary who resides in Anguilla and may be the registered agent of the foundation – we offer this service.
- Anguilla foundations shall keep accounts and records as deemed necessary by the foundation council, minutes of all meetings of its foundation council, and these records may be kept anywhere.
- A register of the foundation council members, the guardian, the secretary, the beneficiaries, and the auditor (where applicable) shall be held by the secretary or registered agent.
We offer Nominee Services for Anguilla Foundations to provide for your further confidentiality and privacy.
Anguilla Foundation Taxation & Fees
All Anguilla Foundations are exempt from all taxes and stamp duties.
An Anguilla Offshore Foundation, shall not:
- Do business with residents of Anguilla.
- Own interest in real property in Anguilla.
- Carry on business in banking or insurance business except if the appropriate license is granted.
Anguillian Foundations may:
- Have professional contact with local licensed offshore service providers, lawyers, accountants, investment advisors etc.
- Hold meetings in Anguilla.
You do not have to come to Anguilla to register your Foundation. With your instructions, we will do it all for you.