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The Gibraltar Foundation

The establishment of the Gibraltar Private Foundation Act 2017 brings to the sector a vehicle which is often preferred by civil law based clients over the often utilised Anglo-Saxon Trust.

A Private Foundation provides a fiduciary structure for the orderly transfer and disposition of assets to beneficiaries upon the death of the Founder, who directs the administration of assets through the Foundation’s regulations. These regulations may be established so that they have effect from the date of their constitution or after the death of the Founder.

The Act also allows for the re-domiciliation of a Foundation. This is effectively the moving of a foundation from its current registry to Gibraltar, or away, and is only possible where the current Registry also permits for re-domiciliation. Re-domiciliation has proven to be useful in the past, more so with companies, due to an unfavourable change in any one given jurisdiction or the Founder’s personal situation, or simply a desire for a more cost-effective jurisdiction. Re-domiciliation is often preferred to the transferring of assets, as transferring assets could crystallise an undesirable tax liability.