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ARTICLE · 03 NOVEMBER 2017

Cayman Introduces New Foundation Companies Law

The Foundation Companies Law, 2017 introduced a new type of company in the Cayman Islands, the foundation company. This expands the options available to businesses, which includes...

Cayman IslandsWealth Management

The Foundation Companies Law, 2017 introduced a new type of company in the Cayman Islands, the foundation company. This expands the options available to businesses, which includes the introduction of the Cayman Islands LLC in 2016.

A Foundation is similar to a traditional exempted company in that it has separate legal personality and limited liability but it also shares some similarities with a civil law foundation or common law trust. A Foundation can be seen as a hybrid of a company and a trust incorporating elements of both, and allowing a great deal of flexibility.

A Foundation therefore has the advantage of being able to be used as an alternative to a trust, which is commonly used in wealth planning and certain capital market transactions. It is anticipated that the Foundation will particularly be of interest to private clients from a civil law background who are unfamiliar with the common law trust or who have concerns about the tax treatment of trusts. The

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