UAE foundations have rapidly evolved into a mainstream vehicle for business continuity, intergenerational wealth planning, and tax efficiency. Once considered a niche structure, foundations are now at the forefront of asset protection and succession strategies, attracting individuals and businesses seeking long-term stability. 

The strength of a DIFC Foundation setup lies in its governance framework, which balances asset protection with the founder’s long-term vision and operational efficiency. This structure is upheld by key roles such as the Founder, who establishes the foundation; the Council, responsible for overseeing its operations; and the Guardian, who provides an extra layer of oversight when required. Additionally, Beneficiaries and a Default Recipient play crucial roles in asset distribution and continuity planning. 

Let’s break down these key governance roles, explaining their responsibilities and significance in making DIFC Foundations an essential tool for long-term wealth and business planning. 

Who Runs the DIFC Foundation Setup? Key Roles and Responsibilities 

Founder 

The Founder is the individual or entity that establishes the DIFC foundation setup and provides its initial assets. Unlike other corporate structures, DIFC Foundations do not have a share capital requirement, meaning there is no minimum contribution needed. The founder sets out the foundation’s purpose and structure, ensuring that it aligns with their long-term vision, whether it’s for wealth preservation, family succession, or philanthropy. 

Council 

The Council is responsible for managing the foundation’s assets and ensuring its objectives are met. This governing body plays a pivotal role in decision-making and administration. Key governance points include: 

• A council must have at least two members, who can be individuals or corporate entities. 

• The Founder is permitted to be a council member. 

• A council member cannot also serve as the Guardian to maintain oversight and accountability. 

Guardian (Optional) 

The Guardian serves as an oversight role, ensuring that the foundation operates according to the founder’s wishes. This role is optional except in cases where the DIFC foundation setup has charitable or specific non-charitable objects, where it becomes a mandatory position. A Guardian can be either an individual or a corporate entity. 

Beneficiaries/Qualified Recipients 

Beneficiaries (also known as Qualified Recipients) are the individuals or entities designated to benefit from the foundation’s activities. These may include family members, charities, or other organizations chosen by the founder. Interestingly, the founder can also be a beneficiary, allowing them to retain some benefits from the structure while ensuring the foundation’s long-term sustainability. 

Default Recipient 

The Default Recipient is an essential safeguard in DIFC Foundation setup. This individual or entity receives the foundation’s remaining assets in case it is wound up and no specific beneficiaries are identified. This role ensures that assets are properly distributed and do not remain unclaimed, preserving the integrity of the foundation. 

DIFC Foundation Setup: A Flexible and Secure Solution for Wealth and Business Structuring 

DIFC Foundations provide a sophisticated and flexible structuring solution, offering a distinct legal personality separate from their founders. Governed by DIFC laws, they ensure strong legal protection and governance, with limited exceptions. These exceptions arise when assets are located outside DIFC, and the founder’s ability to transfer them is restricted by the jurisdiction where the assets reside. 

They are particularly advantageous for high-net-worth individuals and families with assets across multiple jurisdictions, ensuring seamless succession planning. With DIFC’s well-developed ecosystem supporting financial and non-financial businesses including wealth management, legal advisory, and corporate services it remains a premier jurisdiction for establishing and managing foundations. 

Effortless DIFC Foundation Setup with MS: Secure, Compliant, and Tailored to Your Goals 

At MS, we make setting up a DIFC Foundation effortless, offering comprehensive support from start to finish. As a registered corporate service provider in DIFC, we take care of the entire process, ensuring full compliance with regulatory requirements. Our customized approach ensures your DIFC foundation setup is structured to align with your goals whether for wealth preservation, succession planning, or philanthropy. With MS as your trusted partner, you can secure, grow, and seamlessly transfer your wealth for generations to come. Let us guide you in unlocking the full potential of DIFC Foundations with expert insight and dedicated support. 

Dubai has become the go-to destination for the world’s wealthiest families and investors and for good reason. With its tax-friendly policies, robust financial infrastructure, and strategic location, it offers a level of security and opportunity that few other jurisdictions can match. 

But accumulating wealth is just one part of the equation. The real challenge? Protecting it, managing it efficiently, and ensuring a smooth transition to future generations. That’s where setting up foundations in DIFC is a sophisticated wealth structuring tool designed to give you full control, enhanced privacy, and long-term security. 

Whether you’re looking to shield assets, streamline succession planning, or support philanthropic ventures, setting up foundations in DIFC is the smart choice for those who think beyond today. 

Why Setting up Foundations in DIFC is the Ultimate Wealth Protection Tool? 

A DIFC Foundation is a powerful wealth structuring tool that offers limited liability, ensuring your personal assets remain separate and protected. With zero shareholders, you retain full control without external influence, while flexible governance allows you to tailor the structure to your specific needs. It is an ideal solution for succession and estate planning, helping to prevent disputes and ensure a smooth transition of wealth. Additionally, setting up foundations in DIFC provide confidentiality and robust asset protection, creating a secure framework to safeguard your wealth across generations. 

Your Step-by-Step Guide to Setting Up Foundations in DIFC 

Step 1: Gather Your Key People & Essential Documents 

Setting up foundations in DIFC starts with the right team and proper documentation. To launch your DIFC Foundation efficiently, you’ll need: 

• Founder: The individual or entity establishing the foundation. 

• Council Members: The key decision-makers managing its affairs. 

• Guardian (if applicable): An extra layer of oversight to ensure compliance. 

Pro Tip: Have all Know Your Customer (KYC) documents ready for each key player. Staying ahead on paperwork helps prevent unnecessary delays and speeds up the process. 

Step 2: Define Your Vision & Structure Your Legal Framework 

A DIFC Foundation operates based on two essential legal documents that shape its structure and governance: 

• The Charter: Defines the foundation’s purpose, governance rules, and structural framework. 

• The By-Laws: Outlines decision-making processes, asset distribution, and operational procedures. 

Pro Tip: While DIFC provides standard templates, customizing these documents ensures the foundation aligns with your long-term goals and unique requirements. 

Step 3: Secure Your DIFC Address 

Every DIFC Foundation must have a registered address within the Dubai International Financial Centre (DIFC). You have two options: 

• Lease an office in DIFC if you plan to operate from a physical space. 

• Use a corporate service provider’s registered address for a cost-effective and compliant setup. 

Pro Tip: If you don’t need a physical presence for setting up foundations in DIFC, a corporate service provider can handle compliance and administrative formalities for you. 

Step 4: Submit Your Application to DIFC 

Once all documents are prepared, it’s time to file your application with the DIFC Registrar of Companies. Your submission should include: 

• The Charter & By-Laws – Core governing documents.  

• KYC Documents – For founders and council members. 

• Proof of Registered Address – To verify your foundation’s location. 

Pro Tip: Attention to detail is crucial! Any errors or missing documents may lead to delays or additional queries from the regulators. 

Step 5: Respond to DIFC’s Review & Clarifications 

After submission, the DIFC Registrar will review your application. If any clarifications or additional information are required, responding promptly and accurately will keep the process moving smoothly. 

Pro Tip: Partnering with a legal or advisory expert can help tackle this step seamlessly, ensuring compliance with DIFC regulations. 

Step 6: Receive Final Approvals & Activate Your Foundation 

Once the DIFC Registrar grants approval, your DIFC Foundation is officially established. You can now execute its intended purpose, whether for wealth preservation, succession planning, or philanthropy. 

Pro Tip: Maintaining strong governance and compliance structures will ensure smooth operations and long-term regulatory alignment. 

Step 7: Open a Bank Account & Manage Operations 

With your foundation legally set up, it’s time to establish its financial infrastructure: 

• Open a bank account in the UAE or internationally to manage funds. 

•  Apply for visas (if needed) for council members or staff. 

Pro Tip: Choose a bank familiar with DIFC structures to simplify the account opening process and ensure smooth financial operations. 

MS: The Smart Choice for Setting up Foundations in DIFC & Compliance 

At MS, we specialize in seamless DIFC Foundation setups, providing end-to-end support to ensure a smooth and efficient process. As a registered corporate service provider in DIFC, we handle everything while ensuring full regulatory compliance. Our tailored approach guarantees that your foundation is structured to meet your wealth management, succession planning, or philanthropic goals. With MS as your trusted partner, you gain the confidence to protect, grow, and transfer your wealth across generations. Let us help you maximize the benefits by setting up foundations in DIFC with expert guidance every step of the way. 

As businesses expand and family wealth grows across generations, one question becomes increasingly important: How do you ensure long-term stability and succession while maintaining control? 

For many family-run enterprises, success is deeply tied to key individuals who drive operations, strategy, and growth. However, this key-person dependency can pose a significant risk. Leadership transitions, unforeseen events, and external pressures—such as economic downturns, regulatory changes, and geopolitical shifts—can destabilize even the most successful businesses. At the same time, evolving tax laws, cross-border wealth regulations, and increasing global mobility are forcing families to reconsider traditional wealth structures. 

Families today require a flexible, tax-efficient, and legally secure solution to protect their assets, minimize disputes, and ensure a smooth transition of wealth to future generations. With the benefits of DIFC Foundations, it is emerging as a preferred choice for high-net-worth individuals, business owners, and investors seeking long-term financial security and succession planning without compromising control. 

The Surge in DIFC Foundations: A Testament to Growing Demand 

Dubai International Financial Centre (DIFC) has solidified its position as one of the world’s premier financial hubs. Known for its business-friendly regulatory environment, international legal framework, and robust financial ecosystem, DIFC has become a go-to jurisdiction for global families and businesses looking to safeguard their assets and establish succession plans. 

In 2024 alone, family businesses registered in DIFC surged by 33%, increasing from 600 to 800. At the same time, DIFC Foundation structures saw a remarkable 51% rise, reaching a record 671 foundations. This exponential growth underscores the increasing reliance on DIFC as a jurisdiction of choice for asset protection and estate planning. 

What Are the Key Benefits of DIFC Foundation That Make Them the Preferred Wealth Structuring Vehicle? 

A DIFC Foundation is a modern, flexible, and highly secure structure designed for long-term wealth preservation, asset protection, and business continuity. Unlike conventional trusts or offshore holding companies, it offers a unique blend of privacy, legal separation, and governance flexibility, making it an ideal solution for families with multi-generational wealth. 

Here’s why the benefits of DIFC Foundation structures are making them increasingly popular among high-net-worth individuals, entrepreneurs, and business families: 

1. Asset Protection & Privacy: Shielding Your Wealth from External Risks 

One of the primary reasons families opt for a DIFC Foundation is asset protection. When assets are placed under a DIFC Foundation, they are legally separated from the Founder. This structure protects assets from potential claims by governments, creditors, legal disputes, or family conflicts, ensuring that wealth remains safeguarded for future generations. 

DIFC offers a high level of confidentiality, which is one of the key benefits of DIFC Foundation structures. Unlike many other jurisdictions, the names of Founders and Beneficiaries are not publicly disclosed, minimizing exposure to third-party claims, unwanted scrutiny, or reputational risks. This ensures that family wealth remains protected from external pressures while granting the Founder full control over succession planning. 

2. Maximizing Tax Efficiency with the Benefits of DIFC Foundation 

For families with assets spanning multiple jurisdictions, tax efficiency and inheritance planning are critical considerations. A DIFC Foundation optimizes tax efficiency by ensuring assets are structured in a way that reduces potential tax liabilities, including inheritance and estate taxes. 

DIFC Foundation allows for customized succession planning that aligns with the Founder’s long-term vision. This structure also helps eliminate succession-related conflicts, ensuring business continuity for family-run enterprises. 

3. Global Asset Holding with an Independent Legal Personality 

A DIFC Foundation is not just a wealth-holding structure—it is a legally distinct entity with global reach. One of the key benefits of DIFC Foundation structures is their ability to hold shares in companies, bank accounts, real estate, intellectual property, aviation assets, and investment portfolios across different jurisdictions. 

DIFC Foundation acts independently, allowing it to enter into contracts, hold assets, and make strategic financial decisions on behalf of its beneficiaries. This level of independence ensures a more streamlined, efficient, and legally secure approach to wealth management. 

4. Flexible Governance & Redomiciliation: Adaptability Over Time 

One of the most appealing benefits of DIFC Foundation is its governance flexibility. The Founder retains the ability to modify governance structures post-establishment, ensuring that the Foundation evolves to meet changing family and business needs over time. This mobility ensures continuity while allowing families to react to changing legal or tax environments in different jurisdictions. 

5. Cost-Effective & No Residency Requirement 

Compared to other wealth structuring options, a DIFC Foundation is highly cost-effective. The initial asset commitment is as low as USD 100, making it an accessible solution for families and businesses of all sizes. 

Another key advantage is that Founders and officers do not need to be UAE residents, and there is no requirement for a physical office. A corporate service provider’s address can be used, further reducing operational costs while maintaining full compliance. 

6. Limited Public Disclosure & Minimal Compliance Burden 

DIFC Foundations offer one of the most confidential structures in global wealth management. Unlike companies and trusts, which often require public disclosure of ownership details, DIFC Foundation maintains strict confidentiality with no public listing of Founders, Beneficiaries, or Officers. 

Additionally, compliance requirements are minimal. Unlike other jurisdictions that mandate annual filings, audits, and extensive reporting, DIFC Foundations only need to submit reports when explicitly requested by the DIFC Registrar. This significantly reduces administrative burdens and allows families to focus on their long-term financial objectives without unnecessary regulatory complexities. 

Secure Your Legacy with the Benefits of DIFC Foundation 

In an era of increasing global uncertainty, regulatory scrutiny, and evolving tax laws, families must take a proactive approach to protect their wealth and ensure seamless succession planning. A DIFC Foundation provides a secure, flexible, and internationally recognized structure that safeguards assets, ensures privacy, and enables long-term financial security. 

Whether you are a business owner, investor, or family leader, this structure offers the stability, control, and protection needed for generations to come. 

If you’re looking for a future-proof solution to protect your wealth and ensure a seamless succession plan, a DIFC Foundation setup could be the right fit for you. Contact MS today to explore how we can tailor a DIFC Foundation structure that aligns with your long-term goals. 

Wealth isn’t just about what you build—it’s about how you protect, manage, and pass it on. A DIFC Foundation offers a modern, flexible, and legally robust way to safeguard assets, ensure smooth succession, and structure corporate holdings. Unlike traditional trusts, it provides independent legal personality, perpetual succession, and strong asset protection, giving you full control over your legacy. 

Established within the Dubai International Financial Centre (DIFC)—a globally recognized financial hub—a DIFC Foundation benefits from a transparent regulatory framework, tax efficiency, and international credibility. Whether for family wealth planning, philanthropy, or business structuring, this is a future-proof solution designed to meet today’s needs and tomorrow’s ambitions. 

Cost-effective and efficient, setting up a DIFC Foundation comes with no registration fees and minimal ongoing expenses, making it an accessible yet highly strategic tool for preserving and managing wealth across generations. 

Here is the detailed breakdown of the DIFC foundation setup cost, ensuring full transparency in structuring your foundation efficiently. 

The DIFC Foundation Setup Cost—And Why It’s Worth It 

A DIFC Foundation is both cost-efficient and straightforward, making it an attractive choice for individuals and businesses looking for a secure and flexible wealth structuring solution. Below is a breakdown of the DIFC foundation setup cost and ongoing costs: 

• Registration Fee – $0 (No initial setup cost, making it highly accessible) 

• Annual Operating License Fee – $350 (Payable upon registration and annually thereafter) 

• Data Protection Notification – $750 

• Data Protection Renewal – $250 (Yearly) 

• Confirmation Statement – $300 (Yearly) 

• Knowledge and Innovation Fee – $5.45 (A standard regulatory charge applicable to all DIFC entities) 

The affordable DIFC foundation setup cost and maintenance costs, combined with strong legal protections and global recognition, a DIFC Foundation offers an efficient and strategic structure for wealth management, succession planning, and corporate governance. 

Beyond DIFC Foundation Setup Cost: Tax Benefits, Legal Strength, and Global Recognition 

A DIFC Foundation is a strategic solution for asset protection, succession planning, and corporate structuring, offering a strong legal framework, global recognition, and regulatory clarity. Whether for families preserving generational wealth or businesses structuring corporate assets, it provides a flexible, future-ready platform that aligns with both personal and commercial objectives. 

The recent UAE corporate tax update under Ministerial Decision No. 261 of 2024, which allows qualifying family foundations to be exempt from corporate tax makes the DIFC foundations more appealing. This update enhances the attractiveness of DIFC Foundations as a tax-efficient structure, ensuring that wealth is managed and transferred without unnecessary tax burdens. With the right structuring, families can enjoy greater financial security, enhanced asset protection, and reduced tax liabilities, making this an even more compelling choice for long-term planning. 

With minimal DIFC foundation setup cost, streamlined administration, and built-in legal protections, a DIFC Foundation stands as one of the most effective tools for safeguarding wealth, ensuring business continuity, and securing a lasting legacy in today’s evolving financial landscape. 

Your Wealth, Your Vision – MS to Ensure a Smooth DIFC Foundation Setup 

Setting up a DIFC Foundation requires precision, expertise, and in-depth regulatory knowledge—and that’s where MS comes in. As a leading corporate service provider in DIFC, we specialize in seamless foundation setup, regulatory compliance, and ongoing governance support, ensuring that your structure is built for long-term success. 

With years of experience in DIFC and deep expertise in corporate structuring, our team simplifies the process, handling everything from registration to compliance so you can focus on what matters most—protecting and growing your wealth. Whether you’re establishing a foundation for succession planning, asset protection, or business structuring, MS provides tailored solutions that align with your specific needs. 

Let’s build your legacy together. Partner with MS for a smooth, efficient, and expertly managed DIFC Foundation setup. Reach out to our team today! 

The UAE’s recent update on UAE family foundations is a game-changing move for high-net-worth families, offering a wealth of new opportunities. Ministerial Decision No. 261 of 2024, which takes effect retroactively from June 1, 2023, introduces groundbreaking advantages that could completely transform how families manage their wealth, safeguard their assets, and plan for the future. With enhanced tax relief, simplified governance, and greater flexibility, this new framework solidifies family foundations as an indispensable tool for wealth managers aiming to preserve and grow their legacy in the UAE. 

What is a “Family Foundation”? 

A Family Foundation, as defined under the UAE Corporate Tax Law, is a legal entity such as a foundation, trust, or similar structure designed to safeguard and manage the assets and wealth of an individual or family. 

The primary role of a Family Foundation is typically to: 

• Receive, hold, and invest funds and assets. 

• Disburse or manage these resources to benefit individual beneficiaries or support a charitable purpose. 

For UAE Corporate Tax purposes, these activities generally do not qualify as a “business” or “business activity” if they are carried out directly by the founder, beneficiaries, or other individuals. 

Let’s dive into the key highlights in the recent MoF update on UAE family foundations. 

Tax Transparent Status for Foundation Entities 

One of the standout features of the MoF’s latest decision is the ability for family foundations to apply for tax transparent status—a move that opens the door to clearer, more predictable tax treatment. Now, there is no need to verify each individual asset holder or member, and families can hold their wealth in the UAE with a new level of simplicity and transparency. 

For those managing complex estates or diverse business interests, this MoF update on UAE Family Foundations is a boon. It streamlines compliance, slashes red tape, and makes tax reporting easy. This newfound clarity empowers families to focus on what truly matters: growing and preserving their wealth with confidence and ease. 

A Family Foundation That Acts Like an Individual 

One of the most striking elements of this new regulation is its treatment of family foundation income. Historically, only certain types of income, like rental and investment returns, were exempt from corporate tax. Now, income generated by wholly owned entities of the foundation—like SFOs—is treated as if it were earned directly by the foundation’s founders or council members. 

What does this mean for families? Simply put, it aligns the treatment of UAE family foundations with the tax benefits traditionally enjoyed by individuals, making it easier to manage assets and investments. The result is a more fluid, flexible wealth management structure, with fewer hoops to jump through when it comes to tax filings. 

Streamlined Succession Planning and Wealth Protection 

Succession planning is one of the major aspects of family foundation structures, and the new MoF update on Family Foundations makes this process smoother than ever. With the new tax transparency provisions, UAE family foundations can focus more on long-term wealth preservation and less on tax compliance requirements. 

By consolidating assets and qualifying for tax exemptions, family foundations offer a secure, efficient way to manage family wealth across generations. Whether you’re looking to safeguard your legacy or ensure a smooth transition of wealth to the next generation, this MoF update on UAE Family Foundations strengthens the foundation’s role as a central pillar in family estate planning. 

Alignment with the UAE’s Corporate Tax Framework 

This decision also strengthens the alignment of family foundations with the UAE’s broader corporate tax framework. By treating UAE family foundations similarly to unincorporated partnerships, the new update makes it easier for families to go through the UAE’s tax landscape. The clarity provided by this regulation ensures that foundations can continue to benefit from favorable tax treatments while operating seamlessly across multiple jurisdictions. 

This MoF update on Family Foundations not only simplifies the legal and tax structures governing family foundations, but it also creates a stable, predictable environment for wealth management—whether you are based in the DIFC, ADGM, or RAK ICC. 

The Perfect Incentive for Asset Consolidation 

The recent MoF update on Family Foundations provides a powerful incentive to consolidate assets under family foundations. By positioning a foundation at the top of the ownership structure, families can achieve tax neutrality for all underlying assets, simplifying wealth management and offering stronger asset protection. 

This change is a win-win for families looking to optimize their asset structures while minimizing corporate tax exposure. Whether you are managing real estate, securities, or private investments, the new framework provides a clear, tax-efficient path forward. 

MoF Update on UAE Family Foundations: Critical Considerations for Implementation 

Families should carefully assess their existing structures and explore the potential benefits of restructuring their assets under a family foundation to fully capitalize on this recent MoF update on Family Foundations. While the opportunities are substantial, meeting the specific conditions outlined in the update is crucial for maximizing tax relief. As of now, the application form for tax transparency has yet to be released by the Federal Tax Authority (FTA). It remains to be seen whether the application will need to be filed annually or just once, which could significantly simplify the process. 

For more complex scenarios, families may need to seek private clarification from the FTA. This could include situations such as a foundation holding assets in the capacity of a trustee of a trust or determining whether tax transparency applies to a purpose foundation. Taking these factors into account will ensure that families are fully prepared to explore this MoF update on UAE Family Foundations and unlock the full potential of their wealth structures. 

Making the Most of the MoF Update on UAE Family Foundations with MS 

At MS, we specialize in guiding family offices and foundations through this transformative evolution, offering tailored support to align with your long-term goals. Our expertise ensures that you can make best use of the new MoF update on Family Foundations with confidence, unlocking opportunities while safeguarding your family’s future. Let us partner with you to build a robust and optimized foundation structure that secures your legacy for generations to come. 

“Here’ re the 7 key steps to set up a DIFC Foundation, emphasizing the importance of tailored documentation and regulatory compliance for effective wealth management. It highlights how this secure and flexible framework can help individuals and families in protecting and managing their assets for future generations.”

When it comes to wealth management, the right strategies and tools can be transformative. It’s not solely about increasing your assets; it’s also about protecting them for future generations and ensuring a seamless transition of wealth. In a world where personal and business interests often stretch across various jurisdictions, finding a robust and adaptable solution is essential. This is where the Dubai International Financial Centre (DIFC) foundations emerge as the premier structuring option that the MEASA region has to offer.

Established under the exclusive governance of DIFC laws, DIFC foundations offer a secure and flexible framework recognized globally, making them an ideal choice for individuals and families committed to preserving and managing their wealth across borders.

Now that you understand the importance and benefits of a DIFC foundation, Let’s explore the steps to set up a DIFC Foundation.

Key Steps to Set up a DIFC Foundation

Step 1: Collation of Documents

The first step in setting up a foundation involves gathering the necessary documentation. This includes detailed Know Your Customer (KYC) information on the following individuals:

• Founder: The person or entity establishing the foundation.
• Council Members: Individuals appointed to manage the foundation’s affairs.
• Guardian: The person responsible for overseeing the foundation and ensuring compliance with its charter and by-laws.

Collecting comprehensive KYC documentation is crucial for compliance with regulatory requirements and ensures that the foundation operates within the legal framework established by the DIFC.

Step 2: Preparation of Resolutions and Legal Documents

Once the documentation is in place, the next step is to prepare the necessary resolutions and legal documents. This includes drafting the Charter and By-Laws of the foundation.

While standard templates are available, we highly recommend customizing these documents to align with the specific needs and objectives of the client. Customization ensures that the foundation’s governance structure, operational procedures, and overall mission reflect the founder’s intentions and requirements.

Step 3: Finalization of Registered Address

A foundation must have a registered address in the DIFC. This address can either be a physical location within the DIFC or provided by a registered corporate service partner. Selecting a reliable registered agent is essential, as they will assist with compliance matters and ensure that the foundation meets all legal obligations.

Step 4: Initial Submission to the DIFC Registrar of Companies

One of the key steps to set up a DIFC Foundation is submitting an application to the DIFC Registrar of Companies. It should include the Charter, By-Laws, KYC details, and proof of the registered address.

Step 5: DIFC Review/Clarifications and Responses

Upon receiving the application, the DIFC Registrar will review the submitted documents. During this stage, the Registrar may request additional clarifications or information. It is crucial to respond promptly and accurately to any inquiries to facilitate the approval process.

Step 6: Final Approvals

Once the DIFC Registrar is satisfied with the application and all required clarifications have been addressed, the foundation will receive final approvals. At this stage, the foundation is officially formed, and the founders can begin to execute its objectives.

Step 7: Bank Account Opening and Visa Applications (if applicable)

Among the key steps to set up a DIFC Foundation, the final procedure involves opening a bank account and applying for any necessary visas for council members or staff. A bank account is essential for managing the foundation’s finances and ensuring its objectives are met effectively.

Steps to Set Up a DIFC Foundation: Benefits and Challenges

Setting up a DIFC Foundation is a powerful way to safeguard and manage wealth across borders, offering unparalleled flexibility, security, and global recognition. By following these clear and structured steps to set up a DIFC Foundation, individuals and families can ensure that their foundation is established in compliance with DIFC regulations and tailored to their unique needs and objectives. Whether you’re looking to protect personal assets, streamline succession planning, or support philanthropic endeavours, a DIFC Foundation provides the ideal platform to achieve long-term wealth preservation and growth.

While the steps to set up a DIFC Foundation are structured and clear, individuals and families may encounter various challenges during the process. Common issues include difficulties in documentation preparation, compliance with regulatory requirements, and understanding the DIFC laws.

Steps to Set Up a DIFC Foundation: How MS Can Guide You Through the Process

At MS, we specialize in providing end-to-end solutions for setting up DIFC Foundations. As a registered corporate service provider in the DIFC, we guide you through steps to set up a DIFC Foundation from gathering the necessary documentation to securing final approvals. Our team ensures that your foundation is customized to meet your specific needs while complying with all regulatory requirements. MS is your trusted partner in safeguarding and managing wealth for future generations. Let us help you unlock the full potential of a DIFC Foundation.

When it comes to protecting and structuring your wealth, the right tools can make all the difference. Effective wealth management isn’t just about growing your assets—it’s about safeguarding them for future generations and ensuring they are passed on seamlessly. In a world where personal and business interests often span multiple jurisdictions, finding a robust yet flexible solution is crucial. This is where Dubai International Financial Centre (DIFC) foundations come into play. Combining the strengths of trusts and companies, these unique entities offer a powerful vehicle for asset protection, succession planning, and wealth management. Established under the exclusive governance of DIFC laws, DIFC foundations provide a secure, versatile, and globally recognized framework, ideal for individuals and families looking to preserve and manage their wealth across borders.

Key Features of DIFC Foundations

DIFC foundations are unique legal entities governed exclusively by DIFC laws, with limited exceptions. These exceptions apply when the original endowed property is situated outside the DIFC, and the founder lacks the power to dispose of it according to the law where the property is located.

Foundations can be used for various purposes, including wealth management, succession and inheritance planning, and owning private trust companies. They are particularly beneficial for families with members and business interests in both civil and common law jurisdictions. The DIFC’s comprehensive support for financial and non-financial business activities, including banking, professional services, and wealth management, makes it an ideal jurisdiction for establishing such entities.

Incorporating DIFC Foundations

To establish a foundation in the DIFC, the following requirements must be met:

• Founder: A minimum of one founder is required to establish a foundation.
• Council Members: The foundation must have at least two members on its council.
• Registered Office: The foundation must maintain a registered office in the DIFC. This can be achieved by setting up an office within the DIFC, sharing an office with an affiliated entity, or appointing a registered agent.
• Charter and By-Laws: While a standard foundation charter can be used, it is customizable to suit the specific needs of the client.
• Guardian Appointment: If the foundation has a charitable or specified non-charitable object, a guardian must be appointed. In other cases, appointing a guardian is optional.

Purpose and Governance

A DIFC foundation’s objectives must be certain, reasonable, and possible, and they must align with the laws and public policy of the DIFC. Foundations can be established for charitable purposes, non-charitable purposes, or to benefit specific individuals or classes of persons.

While a foundation cannot engage in commercial or charitable activities directly, it may conduct activities ancillary or incidental to its objectives.

Governance of the foundation is overseen by a council responsible for administering the foundation’s property and carrying out its objectives. The founder or a corporate entity can serve as a council member, providing flexibility in managing the foundation’s affairs.

Founder Rights and Registered Agents

Founders of DIFC foundations enjoy significant control over the foundation’s operation, including the ability to amend, revoke, or vary the terms of the charter, by-laws, or objectives. Additionally, the founder can terminate the foundation during their lifetime.

While appointing a registered agent is optional, any agent appointed must be licensed by the DIFC Authority and registered with the DFSA as a designated non-financial business or professional (DNFBP).

Qualified Recipients and Depository Receipts

DIFC foundations may provide benefits to individuals or classes of persons as specified in the charter or by-laws. Importantly, information about these recipients is not placed on any public register, ensuring privacy.

Moreover, foundations in the DIFC can issue securities, such as depository receipts or certificates, representing the value of contributed assets. These certificates act as contracts, reflecting the value of the underlying assets owned by the contributor.

Accounting and Compliance

Foundations in the DIFC must prepare annual accounts in accordance with international financial reporting standards. These accounts must be approved by the foundation council and signed by two council members within six months of the end of the financial year. A copy of the approved accounts must be filed with the Registrar (if no registered agent is appointed) or provided to the registered agent. Unlike other entities, DIFC foundations are not required to have their accounts audited, reducing the administrative burden.

DIFC Foundations: Region’s Best Wealth-Protecting Structure

The DIFC’s framework for foundations offers a robust, flexible solution for managing and protecting wealth, particularly for families and individuals with diverse global interests. With its strong legal foundation, comprehensive support for business activities, and flexible governance structure, DIFC foundations are an attractive option for those seeking to safeguard and manage their assets effectively.