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Foundations in Luxembourg
Foundations in Luxembourg are separate legal entities without members or shareholders, established to reflect the wishes of the founder, who may be an individual or a corporate entity. These wishes are contained within the Foundation's Charter and Regulations. Foundations in Luxembourg can be established for a fixed or indefinite period of time and can be used for charitable, commercial or family purposes.
There are three basic components that make up a Luxembourg Foundation:
Founderâ (the person who gifts assets to the Foundation)
Foundation Councilâ(the officers who manage the Foundation)
Beneficiariesâ (the individuals or institutions that benefit from the Foundation assets)
Advantages of setting up a Bahamian Foundation:
The Founder establishes the Foundation for a specific purpose. The purposes are contained within the Foundation Charter and articles. The Founder then appoints a Foundation Council to oversee and manage the Foundations assets in accordance with his/her wishes. From time to time the Foundation Council as directed would distribute the assets, or a proportion thereof to the beneficiaries.
Uses of Bahamian Foundations:
- Private relationship: For example, the founderâs wishes are not publicly registered
- Wealth protection
- Recognized in all common and civil law jurisdictions
- Holding assets which can be passed on from one generation to the next (estate planning)
- Inheritance tax planning
- Avoidance of forced heirship rules
- Maintenance of corporate control
- Separation of voting and economic benefits
- Employee share option schemes
- Pension funds
- Art collections
- Charitable purposes
- An important tool in international income, capital gains and estate tax planning
- Used by corporations for employee benefit plans, retirement and stock option schemes, insurance plans and special financing arrangements