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Seychelles unique legal systemSeychelles unique legal system

Seychelles legal system: Common Law and Civil Law Seychelles Financial Services can offer asset protection

solutions for entrepreneurs from both Common Law and Civil Law countries: Trusts for Common Law countriesPrivate Foundations for Civil Law countries

China – Civil Law Hong Kong – Common Law

Securing future via Trusts and Securing future via Trusts and FoundationsFoundations Asset Protection: To protect assets against creditors, excessive

taxation, political instability, forced heirship rules Family: For succession management, to protect closely held

businesses providing continuity into second and third generations, to protect minors, disabled persons; to manage payments or distribution of assets to family members, to provide for their education, housing

Business: Pension and employee benefit schemes; a vehicle for the collection of royalties; to hold shares in private and public companies

Charitable: To carry on religious, philanthropic, humanitarian or educational purposes, or to manage funds or assets for such purposes

Investment: To own real estate or other assets of considerable value such as Art works, to invest in shares, bonds, bank deposits, mutual funds

What is a Private Foundation?What is a Private Foundation?Separate Legal EntityA hybrid of a Company and a TrustHolds assets under Foundation’s name

Private FoundationPrivate FoundationFounder

Foundation

AssetsBeneficiaries

Charter&Regulations

CouncilProtector

Transfers assets to Foundation

Advantages of Private FoundationAdvantages of Private FoundationAsset Protection: the assets of the foundation cannot be used to satisfy the debts of the Founder or of beneficiaries. Where the assets have been transferred to the Foundation and out of the reach of creditors, claims must be made within 2 years. Neither the foundation nor transfer or property to a foundation shall be void, voidableArbitration: The Foundation Charter may provide that any dispute arising in connection with the foundation be resolved by arbitration, thus avoiding the public sphere of litigationCapital Requirements: A minimum of US$1 of assets must be transferred to the Foundation. there is no public records of the capital amounts other than this minimum transfer, so the sum of total assets held by the Foundation remains confidential

Advantages of Private FoundationAdvantages of Private FoundationPrivacy:

Beneficiaries are not publicly known Foundation can be shareholder of record of the underlying

CompaniesTaxation:

No taxes payable in Seychelles The transfer, donation of assets to the Foundation is not

subject to any tax in Seychelles, neither is the modification, dissolution of the Foundation. Income generated by the assets is not subject to taxes in Seychelles

Advantages of Private FoundationAdvantages of Private FoundationControl:

Founder can amendment Charter Regulations, appointment/remove Councillors, restrict beneficiary rights and entitlement, can add or exclude beneficiary, etc

Founder can be one of the CouncillorsProtector may be appointed by the Founder or the Foundation

Council with authority to remove the approve actions of the Foundation Council and remove Councillors

Founder may transfer his rights and powers to third partyRecognition: Recognised in all common and civil law jurisdictions

Structure ExampleStructure Example

China Business

HK Co

Foundation

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