WYOMING STATUTORY FOUNDATIONS
Privacy, Control, Asset Protection, Family Succession Planning.
WYOMING STATUTORY FOUNDATIONS
Privacy, Control, Asset Protection, Family Succession Planning.
SERVICES
Foundation Registered Agent Services
Foundation Board of Directors Services
Foundation Board of Directors Services
Wyoming Foundation establishment, including standard articles of formation, standard operating agreement, registered agent, registered office and government fees.
Foundation Board of Directors Services
Foundation Board of Directors Services
Foundation Board of Directors Services
Foundation administration, management and implementation of family capital preservation and succession planning strategies.
Foundation Re-Domiciliation to Wyoming
Foundation Board of Directors Services
Foundation Re-Domiciliation to Wyoming
Wyoming foundation legislation provides a simple process for re-domiciliation from any offshore jurisdiction to Wyoming.
Foundation Underlying Entities
Foundation Underlying Entities
Foundation Re-Domiciliation to Wyoming
Establishment of Ontario Limited Partnerships, British Columbia Ltd's, Wyoming LLC's, and US Virgin Islands LLC's.
Protector Services
Foundation Underlying Entities
Asset Protection Services
When the family members are part of the Board of Directors, we are hired to be the Protector, which has the mandate to ensure the Foundation Operating Agreement is followed by the Board of Directors.
Asset Protection Services
Foundation Underlying Entities
Asset Protection Services
Preserving and protecting the family's wealth over generations requires foresight and experience.
The Wyoming statutory foundation
Legislation
The Wyoming Statutory Foundation was created by The Wyoming Statutory Foundation Act, effective July 1st, 2019. A Statutory Foundation is a legal entity that can hold any type of assets and constitute a separate capital from the Founder. The Statutory Foundation is established by an Organizer or Founder, for the benefit for the Founder and Beneficiaries.
Legal Structure
- Articles of Formation: This is the document that incorporates de Foundation and it is registered at the Wyoming Secretary of State, similar to a Limited Liability Company. In this document, the only information that is registered is the name of the Foundation and the name and address of the Register Agent. No need to register the name of the Founder, Board of Directors (Council), Protector or Beneficiaries.
- Operating Agreement: A private document that designates the Protector and Beneficiaries with their respective interest. Specifies instructions and guidelines to the Board of Directors in regards to the administration and dispositions of the Foundation assets. This is a private document.
- Board of Directors: The Board of Directors can be form of one individual or corporate entity, it may be the Founder. The Board of Directors is in charge of the administration of the Foundation assets. The members of the Board can have any nationality and reside anywhere in the world.
- Protector: The Protector has the poser to monitor the Articles of Formation and Operating Agreement and the Board of Directors. The Protector can be the Founder, if he is not a member of the Board of Directors.
Advantages
- Confidentiality: The identities of the Founder, Directors, Beneficiaries and Protector are not required to be disclosed in Wyoming.
-Flexibility: The Foundation can have any kind of exotic assets and manage hundred thousands of dollars to billion of dollars.
- Asset Protection: With the exception of fraudulent transfer's or prejudice of creditors, the property of a Foundation contributed by a Founder and all income, appreciation and proceeds thereof, shall not be subject to the claims of a Founder’s creditor, including any claims for forced heirship or legitimate right, after the foundation has been established for 4 years.
- Avoids Probate Process: The Foundation allows an orderly estate planning which permits the transfer of assets to future generations without the cost and delay in a probate process.
- Forced heirship laws or testamentary limitations cannot be enforced: There are countries where the power to dispose of assets after dead is limited by local regulations, i.e. forced heirship laws. Under Wyoming legislation, the forced heirship laws of a foreign country are not enforceable against the Foundation.
- Perpetual Duration: Unless stated otherwise in the Articles of Formation, the Foundation has a perpetual duration.
Re-domiciliation
A foreign foundation organized under the laws of a foreign jurisdiction may apply to the Wyoming Secretary of State for registration, upon acknowledgment by the foreign jurisdiction that the domicile of the foreign Foundation has terminated.
After the foreign Foundation has been registered, the Secretary of State will issue a Certificate of Continuation and shall be deemed to have commenced on the date the foreign Foundation commenced its existence in the foreign jurisdiction in which it was first formed and organized.
WHY A WYOMING FOUNDATION?
Wyoming is the only US state with a robust, innovative and flexible Foundation legislation, in order to form a new Foundation or to re-domicile an existing Foundation to Wyoming.
- No state income tax, inheritance tax, capital gains tax, corporate or gift tax.
- Very strong privacy laws not found anymore in any classic offshore jurisdiction.
- No transfer tax for 1,000 years.
- The Foundation can be established for perpetuity.
- The identities of the Founder, Board of Directors, Protector and Beneficiaries are not registered to the Wyoming Public Registrar.
- Under Wyoming legislation, the forced heirship laws of a foreign country are not enforceable against the Foundation.
- Ease and simple re-domiciliation process for existing Foundations established in any offshore jurisdiction. After the foreign Foundation has been registered in Wyoming, the Public Registrar Office will issue a Certificate of Continuation and shall be deemed to have commenced on the date the foreign foundation commenced its existence in the foreign jurisdiction.
- Wyoming receives high marks for its fiscal management and substantial financial reserves. Wyoming's legislature is constitutionally required to pass a balanced budget and has accumulated a $21 billion sovereign fund.