Since the Foundations (Guernsey) Law, 2012 (the
Foundations Law) came into force in 2013, 107
foundations have been registered in Guernsey and we are witnessing
a steady increase in the demand for legal advice in relation to
both the creation and ongoing administration of foundations.
This briefing note is intended both to provide examples of our
involvement in Guernsey foundations and also to provide a general
update on developments that practitioners need to be aware of:
1. To date the only major change to the Foundations Law has been
the substitution of section 12 of the Foundations Law by the
Beneficial Ownership of Legal Persons (Guernsey) Law, 2017 (the
Beneficial Ownership Law). This had the
effect of requiring foundations to have a resident agent whereas
previously the office was only required where none of the other
officeholders (council members and guardians) were Guernsey
resident. The change was required in order to ensure that
there was an