Foundations: Benefits of establishing a Foundation in the Seychelles.
Foundations in Seychelles are governed under the Foundation Act 2009. A Foundation is often referred to as a Hybrid structure. It has the mixed characteristics of a Company and a Trust. A Foundation is a legal entity like a company whereas a Trust is not a legal entity but a legal arrangement. However, a Foundation has beneficiaries like a Trust, but the assets of the Foundation are not the assets of the Founder nor the beneficiaries until it is distributed to them.
As Foundation’ assets are not the property of the Founder, this makes a foundation a highly useful structure for tax planning, asset protection and “outside estate” succession planning.
A Foundation in Seychelles can be established with an initial asset, which shall be not less than USD 1 or its equivalent.
Seychelles Foundation Act makes provision for Anti-forced heirship. Foreign rule of forced heirship cannot make a Foundation void. Similarly, no creditor of the Founder can make a Foundation void; unless it is proven that the Founder was bankrupt, insolvent or intended to defraud a creditor, at the time when the founder transferred the asset to the foundation. The creditor will have 2 years from the date of the establishment of the Foundation to take any action or claim against a Foundation. After 2 years, the claim shall be statute barred.
The Foundation is tax resident in Seychelles and pays tax in Seychelles only on the profit, which was sourced in Seychelles.
The Council member may not be resident in the Seychelles. However, the Foundation established in the Seychelles shall always have a Registered Agent in the Seychelles, which is duly authorised by the authority to act as Agent for Foundation. Our sister Company RV & BEP Services Ltd is licenced as a Foundation agent in the Seychelles.
Please contact us at mauritius@dale-trust.com should you wish to receive more information about a Seychelles Foundation.