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Private Foundation Course: Introduction to the Law and Practice of Private Foundations PDF Print E-mail




A training course has now been researched, written and presented by invitation to offshore governments. The next course, open to members, is at June in Geneva, Switzerland.


Who should attend?


Managers in trust companies, lawyers, accountants, investment advisers, bankers and tax advisers who need familiarity with the foundation concept will find the course invaluable.


The course is conducted by Professor John Goldsworth (in conjunction with Legal & Financial Training) who has had considerable experience lecturing and writing in trusts; he was the founding editor of Trusts & Trustees and now researches the use of private foundations, a topic which requires similar concentrated study.


The course is presented for attendance by individual members. Bespoke courses may also be arranged for an in-house presentation at banks or government agencies.


Each course consists of the following topics, presented over two days (longer or shorter presentations can be prepared):


  • Private foundations: characteristics and definition; the nature of private foundations and their origin; general characteristics of private foundations; distinctions between private foundations and companies; distinctions between private foundations and trusts; "ownership" of foundations.


  • Setting up private foundations: (using the law and practice of Liechtenstein, Panama and The Bahamas.) The essential characteristics of private foundations are considered including: types of private foundation; foundation deed; foundation regulations, foundation council; foundation assets; rights of beneficiaries; liability of the governing bodies and the position of creditors of beneficiaries and founders are amongst the topics examined. Specimen foundation regulations and foundation charters are analysed, together with a comparison between foundations in civil law countries and in common law countries.


  • To enlarge on the above: further selected jurisdictions are examined, including Nevis, Anguilla, and St. Kitts - as new jurisdictions; foundations in Austria, Italy, Indonesia and Netherlands Antilles etc., - as foundations in civil law countries; the different approaches to the form and use of private foundations in these countries are considered.


  • Use of companies as foundations: the use of hybrid companies in the Isle of Man and Gibraltar to achieve similar facilities as foundations: the European foundation.


  • The taxation of foundations: the international treatment of foundations by tax bodies and the position of foundations under double tax treaties.


  • Private foundations, anti-money laundering laws and compliance: including the EU's Third Directive, particularly the responsibilities of parties in a private foundation in respect of money laundering; the KYC procedures.


  • International recognition of foundations and the conflict of laws: how foundations are recognised in different jurisdictions and the ability of foundations to change jurisdictions: EU Council regulation (EC (No.44/201)).


  • The uses and applications of private foundations: uses of foundations for private asset management including tax planning, asset protection issues, forced heirship and other uses.


Each course is accompanied by full documentation and specimen documents as needed. Access to legislation is available via the website to course participants through membership of the Foundation Society.


A Certificate of Attendance will be issued to those completing the course; accreditation is being investigated to merit the award of further recognition of competence following a successful demonstration by the participants of their understanding and competence.


TO REGISTER INTEREST in this and future courses or to discuss the arrangements of a bespoke course for your organisation please contact the Registrar with your ideas.