Offshore Foundations

Written and reviewed by John EvansConnor Steens
Updated
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Comparison of offshore foundations and related structures, including common roles, 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 within the wider structure. On request Varies Explore
Foundation + Company + BankingCoordinated structure A foundation provides the ownership and governance layer while an underlying company holds investments or conducts approved activity. Quoted Scope dependent Discuss

*Registration timing begins after satisfactory due diligence, final documents and provider acceptance. Banking and asset transfers generally take longer.

Plan the structure before selecting the jurisdictionDiscuss your objectives, connected countries, proposed assets and preferred governance model with a Wealth Web specialist. Book a consultation
  • Foundation formation and provider onboarding coordinated from start to finish
  • Listed first-year registered-agent, council and formation costs included in the agreed scope
  • Charter, regulations or by-laws prepared for the selected foundation jurisdiction
  • Registered structure prepared for approved endowment, ownership and banking steps

Family wealth governance

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

Succession planning

Provide continuity for foundation-owned assets when a founder dies, becomes incapacitated or steps away from governance.

Investment and company ownership

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

Purpose-led structures

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

Cross-border administration

Coordinate assets and beneficiaries located in several countries beneath a single governing legal entity.

Civil-law familiar planning

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

Cook Islands

Cook Islands Foundation

A separate legal entity established 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 define objects, governance and administration.
  • The council administers the assets and carries out the foundation’s stated objects.
  • Can be designed around beneficiaries, permitted purposes or a combination allowed by the governing documents and law.
  • Often considered for long-term private wealth ownership, succession and Cook Islands-based asset-protection planning.
Nevis

Nevis Multiform Foundation

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

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

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.

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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 determine why it exists, how it is governed and who may benefit.

The founder establishes the foundation and contributes the initial property. The foundation then becomes the legal holder of properly transferred assets. Day-to-day authority rests with a council or management board, rather than with directors acting for shareholders or a trustee holding property under a trust relationship.

The charter, foundation instrument, regulations or by-laws set the operating framework. They may address beneficiary classes, permitted purposes, distributions, investment powers, council succession, amendment procedures and circumstances in which the foundation may terminate.

Depending on the jurisdiction, an additional protector, guardian, enforcer or supervisory body may monitor defined decisions. An underlying company can also be used where investments, contractual activity or banking are more efficiently administered through a corporate subsidiary.

  • The foundation owns assets contributed to it in accordance with the governing law and transfer documents.
  • The founder defines the initial purpose and governance design but is not a shareholder.
  • The council or management board administers the entity and records decisions.
  • Beneficiaries may receive benefits, or the foundation may pursue permitted purposes.
  • Registered-agent, record-keeping, reporting and annual administration requirements continue after registration.

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

Discuss a foundation
Potential benefits

Why use a private foundation?

The foundation model combines legal personality with a dedicated governance framework, which can be useful where assets, family members or objectives cross borders.

Ownership without shareholders

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

Documented family governance

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

Flexible beneficiary or purpose design

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

Consolidated ownership

Investment accounts, private-company shares, an underlying holding company and other approved assets may be organised beneath one legal owner, reducing fragmented administration.

Familiarity for some civil-law families

An incorporated entity administered under a charter may be conceptually more familiar than a common-law trust for clients and advisers accustomed to foundation-based legal systems.

Governance roles

Who controls and oversees a foundation?

Titles differ between jurisdictions, but each role should have a defined function and a clear relationship with 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 in accordance with the law and governing documents.

Beneficiaries

People or classes who may receive distributions or other benefits, subject to the foundation’s 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 permit.

Registered agent

Provides the statutory presence, maintains required records and handles registry or compliance matters in the formation jurisdiction.

Underlying company

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

Purposes and assets

What may a foundation hold or support?

Asset suitability depends on transfer rules, local law, tax advice, custody arrangements and whether an underlying entity is required.

  • 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 addressed.
  • 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 may require separate analysis before transfer.

Formation process

How an offshore foundation is established

Formation is a sequence of legal design, provider due diligence, registration and asset-transfer work rather than a single filing.

Define the outcome

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

Choose the jurisdiction

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

Design the constitution

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

Complete due diligence

Provide certified identification, address evidence, source-of-wealth information, source-of-funds records and details of participants.

Register the entity

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

Endow and operate

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

Jurisdictions

Cook Islands or Nevis?

Both jurisdictions provide 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 may be configured for beneficiaries or permitted objects.

Nevis Multiform Foundation

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

  • Consider how the foundation will be classified in the founder’s and beneficiaries’ home countries.
  • Confirm that banks, custodians and counterparties understand and accept the selected legal form.
  • Compare council or board composition, provider availability, annual fees and record-keeping duties.
  • Review asset-protection provisions and transfer timing with qualified counsel before any assets move.
Structure comparison

Foundation, trust or company?

The correct vehicle follows from the legal relationship required, not from a preference for a particular jurisdiction or label.

  • Foundation: a legal person without shareholders that owns its assets and is administered by a council or management board.
  • Trust: a legal relationship under which a trustee holds title to assets for beneficiaries or permitted purposes.
  • Company: an entity with shareholders or members, commonly used for trading, investment holding or operational activity.
  • Combined structure: a foundation may own a company, allowing governance and succession to sit above corporate operations or investment accounts.

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

Suitable users

Who may consider an offshore foundation?

A foundation is generally most relevant where the value of durable governance and cross-border continuity justifies bespoke documents and 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 transferred over multiple 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 may be unsuitable where the assets are modest, the objectives can be met through a will or domestic structure, or the founder is unwilling to accept formal governance, disclosure and annual administration.

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

Book a consultation

An offshore foundation is a separate legal entity created under a foundation statute. It has no shareholders. The foundation holds properly contributed assets in its own name and is administered under its constitutional documents by a council or management board for beneficiaries, objects or permitted purposes.

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

A trust is a legal relationship in which a trustee holds assets under a trust deed. A company is owned through shares or membership interests. A foundation is an incorporated legal person without shareholders and is governed through a charter, rules, regulations or by-laws.

Requirements depend on the jurisdiction. Common elements include 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 relevant participants. Nevis also requires a secretary.

Yes, subject to the governing documents, provider acceptance and applicable law. A foundation may hold company shares or membership interests, and it may 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 uses a council-based foundation regime under the Foundations Act 2012. Nevis uses a multiform framework that can state a foundation, trust, company or partnership form.

Registry formation may be completed within several business days after the provider has accepted the application, due diligence is complete and the constitutional documents are final. Bespoke drafting, complex participants, asset transfers and bank onboarding usually extend the overall implementation period.

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