Offshore Foundations

Written and reviewed by John EvansConnor Steens
Updated
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Comparison of foundations and related structures, the roles each plays, starting fees and indicative timeframes
Structure Primary role From Timeframe View service
Offshore TrustFiduciary ownership arrangement A trustee holds and administers assets for beneficiaries or permitted purposes under a trust deed. $10,000 2–8 weeks Explore
Offshore CompanyOperating or holding vehicle Trading, investment holding, intellectual property, joint ventures, or an underlying entity owned by a foundation. $2,500 2–7 days Explore
Offshore Bank AccountBanking and custody layer Payments, deposits, investment custody and treasury for an eligible foundation or foundation-owned entity. $1,000 2–6 weeks Explore
Precious MetalsTangible asset allocation Allocated bullion and vaulting, arranged directly or through an approved entity inside the wider structure. On request Varies Explore
Foundation + Company + BankingCoordinated structure The foundation supplies ownership and governance while an underlying company holds investments or carries on approved activity. Quoted Scope dependent Discuss

*Registration timing starts once due diligence is satisfactory, documents are final and the provider has accepted. Banking and asset transfers generally take longer.

Plan the structure before selecting the jurisdictionTalk through your objectives, the countries involved, the proposed assets and your preferred governance model with a specialist. Book a consultation
total protection package
  • Formation and provider onboarding handled from first enquiry to completion
  • Listed first-year registered-agent, council and formation costs included in the agreed scope
  • Charter, regulations or by-laws drafted for the chosen foundation jurisdiction
  • Registered structure ready for approved endowment, ownership and banking steps

Family wealth governance

Record how council decisions, beneficiary support and family participation should work across generations.

Succession planning

Keep foundation-owned assets running when a founder dies, loses capacity or steps back from governance.

Investment and company ownership

Hold portfolios, private-company interests or the shares of an underlying company inside one ownership framework.

Purpose-led structures

Pursue family, educational, cultural, philanthropic or other purposes permitted by the constitutional documents.

Cross-border administration

Bring assets and beneficiaries in several countries under a single governing legal entity.

Civil-law familiar planning

Use an entity-based structure that some international families and their advisers find more familiar than a common-law trust.

Cook Islands

Cook Islands Foundation

A separate legal entity under the Foundations Act 2012, administered by a council and supported by a Cook Islands registered agent.

  • Uses a foundation instrument and foundation rules to set objects, governance and administration.
  • The council administers the assets and carries out the foundation's stated objects.
  • Can be built around beneficiaries, permitted purposes, or a combination the documents and the law allow.
  • Often chosen for long-term private ownership, succession and Cook Islands-based asset-protection planning.
Nevis

Nevis Multiform Foundation

A foundation under the Nevis Multiform Foundations Ordinance, whose constitution states how the entity is to be treated.

  • Its stated multiform can be framed as a foundation, trust, company or partnership under the Ordinance.
  • The stated form can be changed during the foundation's life, subject to the constitution and the legal requirements.
  • Requires a Nevis registered agent, registered office, management board and secretary.
  • Used for estate planning, charity, financing or special investment-holding arrangements.
Jurisdiction choice also turns on the founder's residence, the proposed assets, tax classification, disclosure obligations, council composition, banking acceptance, and advice from professionals in every country involved.

Founder & Chief Executive Officer

Rarotonga, Cook Islands

More than two decades of experience across offshore banking, asset protection, international companies and trusts.

Connor Steens
BBUS

Founder & Business Development Director

Sydney, Australia

Specialises in offshore structuring, strategic partnerships, business development and global wealth solutions.

Atinata Hosking

Sales Manager

Rarotonga, Cook Islands

Brings more than two decades of experience in offshore banking, regulatory compliance and client relationship management.

Melanie Tetuaiteroi

Sales Assistant

Rarotonga, Cook Islands

Supports client onboarding, communications, documentation and operational coordination, backed by fiduciary administration experience.

Recent Articles

Explore our latest insights, practical guides and updates on international wealth structuring.

Foundation anatomy

How is an offshore foundation structured?

A foundation exists as a legal person in its own right. It has no shareholders, and its constitutional documents settle why it exists, how it is governed and who may benefit.

The founder establishes it and contributes the initial property. From then on the foundation is the legal holder of anything properly transferred to it. Day-to-day authority sits with a council or management board — not with directors acting for shareholders, and not with a trustee holding property under a trust.

The charter, foundation instrument, regulations or by-laws set the operating framework. They can cover beneficiary classes, permitted purposes, distributions, investment powers, council succession, how amendments are made, and the circumstances in which the foundation ends.

Depending on the jurisdiction, a protector, guardian, enforcer or supervisory body may monitor defined decisions. An underlying company is often used where investments, contracts or banking run more efficiently through a corporate subsidiary.

  • The foundation owns whatever is contributed to it, in line with the governing law and the transfer documents.
  • The founder sets the initial purpose and governance design but holds no shares.
  • The council or management board administers the entity and records its decisions.
  • Beneficiaries may receive benefits, or the foundation may pursue permitted purposes.
  • Registered-agent, record-keeping, reporting and annual administration obligations continue after registration.

We coordinate the provider, the constitutional documents, registration and any related company or banking work.

Discuss a foundation
Potential benefits

Why use a private foundation?

The foundation model puts legal personality together with a purpose-built governance framework, which helps where assets, family members or objectives cross borders.

Ownership without shareholders

The entity holds property in its own name. There are no shares to move from one owner to another, which supports continuity when the founder dies or family circumstances shift.

Documented family governance

Decision rights, council appointments, beneficiary support, investment parameters and succession can all be written into the constitutional documents rather than left to informal family understanding.

Flexible beneficiary or purpose design

Subject to the governing law, a foundation can support named beneficiaries, a class of beneficiaries, defined private purposes, charitable purposes, or a mix of permitted objectives.

Consolidated ownership

Investment accounts, private-company shares, an underlying holding company and other approved assets can sit beneath one legal owner, which cuts fragmented administration.

Familiarity for some civil-law families

An incorporated entity run under a charter can feel more familiar than a common-law trust to clients and advisers from foundation-based legal systems.

Governance roles

Who controls and oversees a foundation?

Titles vary between jurisdictions, but every role should have a defined function and a clear relationship to the constitutional documents.

Founder

Creates the foundation, settles its initial design and contributes property. Any reserved powers should be deliberately limited and professionally reviewed.

Council or board

Administers assets, approves decisions and carries out the foundation's objects under the law and the governing documents.

Beneficiaries

People or classes who may receive distributions or other benefits, subject to the terms and the governing body's authority.

Protector or supervisory role

May approve specified actions, monitor governance, or appoint and remove decision-makers where the legislation and documents allow.

Registered agent

Supplies the statutory presence, keeps the required records and handles registry and compliance matters in the formation jurisdiction.

Underlying company

May hold investments, accounts or business interests, while the foundation owns the company and provides the outer governance layer.

Purposes and assets

What may a foundation hold or support?

Whether an asset suits depends on transfer rules, local law, tax advice, custody arrangements, and whether an underlying entity is needed.

  • Investment portfolios: cash, securities, funds and private investments, held directly or through an approved company or custodian.
  • Private-company interests: shares or membership interests used to organise family enterprises, holding companies or joint investments.
  • Family governance: education, maintenance, healthcare, entrepreneurship or other beneficiary-support policies documented over time.
  • Philanthropic and purpose activity: charitable, educational, cultural or private purposes permitted by the relevant legislation.
  • Intellectual and collectible assets: rights, art or other specialised property, where valuation, custody and transfer formalities are dealt with.
  • Bank and custody accounts: accounts opened in the foundation's name, or in the name of a foundation-owned company, subject to provider approval.

Locally situated real estate, regulated businesses, retirement assets and jointly owned property usually need separate analysis before any transfer.

Formation process

How an offshore foundation is established

Formation is a sequence of legal design, provider due diligence, registration and asset-transfer work — not a single filing.

Define the outcome

Clarify the intended assets, beneficiaries, purposes, succession goals, family roles and connected countries.

Choose the jurisdiction

Compare legal personality, governance, reserved powers, administration, disclosure, banking and treatment at home.

Design the constitution

Draft the charter, instrument, regulations or by-laws, and allocate responsibilities between founder, council and oversight roles.

Complete due diligence

Supply certified identification, address evidence, source-of-wealth information, source-of-funds records and participant details.

Register the entity

The licensed provider handles name approval, statutory appointments, registry filing and issue of the formation documents.

Endow and operate

Approved assets are transferred, governance records opened, and any company, bank, custody or investment applications progressed.

Jurisdictions

Cook Islands or Nevis?

Both jurisdictions run statutory foundation regimes, but they use different terminology and offer different planning features.

Cook Islands Foundation

Established under the Foundations Act 2012. It uses a council, registered agent, foundation instrument and rules, and can be configured for beneficiaries or for permitted objects.

Nevis Multiform Foundation

Uses a stated multiform and can be treated as a foundation, trust, company or partnership. The framework runs on a management board, secretary, registered agent and registered office.

  • Think through how the foundation will be classified in the founder's and the beneficiaries' home countries.
  • Check that banks, custodians and counterparties understand and will accept the chosen legal form.
  • Compare council or board composition, provider availability, annual fees and record-keeping duties.
  • Review the asset-protection provisions and the timing of transfers with qualified counsel before anything moves.
Structure comparison

Foundation, trust or company?

The right vehicle follows from the legal relationship you need, not from a preference for a jurisdiction or a label.

  • Foundation: a legal person without shareholders, owning its assets and administered by a council or management board.
  • Trust: a legal relationship where a trustee holds title to assets for beneficiaries or permitted purposes.
  • Company: an entity with shareholders or members, normally used for trading, investment holding or operations.
  • Combined structure: a foundation can own a company, putting governance and succession above corporate operations or investment accounts.

Tax classification and reporting can differ sharply even where two structures chase similar commercial or family objectives.

Suitable users

Who may consider an offshore foundation?

A foundation earns its keep where durable governance and cross-border continuity are worth the bespoke documents and the continuing administration.

  • International families coordinating beneficiaries, residences and assets across several legal systems.
  • Families from civil-law jurisdictions who prefer an incorporated foundation model to a common-law trust relationship.
  • Business-owning families planning how company interests should be governed or handed on across generations.
  • Founders with purpose-led objectives involving education, culture, philanthropy or defined family programmes.
  • Investors with several asset-holding entities seeking one long-term ownership and governance layer.
  • Family offices that require documented council succession, oversight and decision-making procedures.

A foundation is a poor fit where the assets are modest, the objectives can be met by a will or a domestic structure, or the founder is unwilling to accept formal governance, disclosure and annual administration.

We weigh the available foundation structures against your assets, family circumstances, residency and professional advice.

Book a consultation

A foundation is a separate legal entity created under a foundation statute. It has no shareholders. It holds properly contributed assets in its own name, and a council or management board administers them under the constitutional documents for beneficiaries, objects or permitted purposes.

Once an asset has been validly transferred, legal ownership sits with the foundation rather than with the founder, the council members or the beneficiaries personally. Transfer formalities vary by asset type and should be reviewed before anything is implemented.

A trust is a legal relationship where a trustee holds assets under a deed. A company is owned through shares or membership interests. A foundation is an incorporated legal person with no shareholders, governed through a charter, rules, regulations or by-laws.

It depends on the jurisdiction. Common elements are a foundation instrument or memorandum, internal rules or by-laws, a registered agent, a council or management board, and due-diligence documents for the founder and other participants. Nevis also requires a secretary.

Yes, subject to the governing documents, provider acceptance and the applicable law. A foundation can hold company shares or membership interests, and can apply for an account in its own name. In other cases a foundation-owned company opens the operating, investment or custody account.

Our principal foundation services are the Cook Islands Foundation and the Nevis Multiform Foundation. The Cook Islands runs a council-based regime under the Foundations Act 2012. Nevis uses a multiform framework that can state a foundation, trust, company or partnership form.

Registry formation can complete within several business days once the provider has accepted the application, due diligence is finished and the constitutional documents are final. Bespoke drafting, complex participants, asset transfers and bank onboarding all extend the overall timeline.

A foundation normally carries annual registered-agent or administration fees, plus record-keeping and governance obligations in its formation jurisdiction. The founder, beneficiaries, council members or connected entities may also face tax, beneficial-ownership, financial-account or foreign-entity reporting where they live. Independent advice is essential before formation, and again before assets move.