Cayman Islands Private Foundation

The Cayman Private Foundation Breakdown

ACayman Private Foundation, Highlighted

A company that behaves like a foundation: separate legal person, no owners required, and a long track record as a trust alternative for family wealth.

A Cayman private foundation is a foundation company: an ordinary Cayman company that has opted into the Foundation Companies Act regime, in force since 2017 [1][12]. Unlike a trust, it is a body corporate, so it can hold assets, open accounts and sign contracts in its own name, and practitioners point to that as the reason asset protection is stronger than with a trust [1]. It can be set up with no members at all, as long as it has a Supervisor, and it can pursue any lawful object, including providing for a family [1][2][12]. Law firms list succession planning, asset protection and holding the shares of a private trust company among its main uses [2][3][4]. Cayman levies no corporation, income, withholding or capital gains tax on the company [3].

0%
Cayman corporate, income and capital gains tax on the company [3]
Up to 30 yrs
Tax undertaking available to an exempted foundation company [3]
5–10 days
Otonomos's own formation estimate after onboarding [15]
Section B

What makes it different

The four things families and founders actually use it for.

ASSET PROTECTION
A company, with trust-style firewalls

Because the foundation is a body corporate, duties are owed to the company rather than to beneficiaries, and Cayman's Trusts Act firewall provisions, which reject foreign court claims over trust assets, are described by law firms as extending to foundation companies [1][3].

SUCCESSION
Passing assets on without probate

Conyers lists efficient distribution of assets on death without applying for probate, and avoiding forced-heirship rules in civil-law jurisdictions, among the planning uses [2]. It can be built around a family, or around no named beneficiaries at all [2].

CONTROL
Reserved powers for the founder

The constitution can reserve powers, such as appointing and removing directors or designating beneficiaries, and the detailed rules can sit in private by-laws that are not filed with the Registrar [1][2][3].

PRIVATE TRUST COMPANY
Can hold or act as a PTC

A foundation company can own the shares of a private trust company, or be one, and a PTC structured this way doesn't need members [3][4][5].

CCayman Private Foundation vs Panama Private Interest Foundation

The two foundations most often shortlisted for family wealth and succession.

Cayman Private FoundationPanama Foundation
Tax on the entity0% [3]0% on foreign-sourced assets/income [13]
Legal natureA company that has opted into the foundation regime; the Companies Act applies with modifications [12]Civil-law foundation created by Law 25 of 1995 [13]
Governance minimumAt least one director, plus a Supervisor if there are no members, and a licensed secretary [1]Council of at least 3, or one juridical person; optional protector [13]
Annual government costUS$925/yr registry fee at the base tier [7], plus a one-time US$500 foundation application fee [10]US$400/yr flat Tasa Única [14]
Beneficial ownership registerHeld by the corporate services provider, not public [6]Private registry under Law 129 of 2020
Best known forCommon-law-facing succession, PTC structures, firewall protection [1][3][5]Civil-law estate planning, LatAm-facing founders

Panama is the civil-law original, modeled on the Liechtenstein Stiftung. Cayman is a common-law foundation company layered onto a company law base. Pick by the legal system your family and assets live in.

Section D

What to keep in mind

01
The secretary is also a gatekeeper

The secretary must be licensed under Cayman's Companies Management Act, and the foundation cannot accept asset contributions until the secretary has given notice of no apparent regulatory objection [4]. Expect KYC on the source of assets before the first transfer.

02
Where CIMA fits is worth a conversation

In the law-firm sources we reviewed, CIMA registration is a requirement for private trust companies (initial registration CI$3,500 and an annual declaration due by 31 January), not for foundation companies as such [5]. Otonomos's Starter Kit includes an annual CIMA Filing [15], so confirm with us which structure you are building and what that filing covers for it.

03
Economic Substance: check your structure

Ogier states that a foundation company limited by guarantee is specifically excluded from Cayman's Economic Substance regime [8], while Conyers describes the ES Act as covering foundation companies [2]. In either case an annual ES notification is filed with the Registry before the annual return [9][11]. Confirm which applies to your setup before relying on the exclusion.

04
Deadlines have teeth

The annual fee and return are due in January, and penalties start accruing from 1 April if they are not filed by 31 March [11]. Beneficial ownership information sits with the corporate services provider and has to be kept current [6].

ECosts

What Otonomos charges to set one up.

STARTER KIT (REQUIRED BASE)
Incorporationincluded
Foundation Registration Feeincluded
Filing Register of Officers and Directorsincluded
Government Fee (annual)included
Corporate Secretary and Address (annual)included
Annual Disbursements (annual)included
CIMA Filing (annual)included
Total$12,480
PACKAGES
Foundation Holding: Full Apostille KYC/AML Kit, U.S. fiat bank account opening, Guidance$9,000
Private Foundation: Corporate Nominee Director, Full Apostille KYC/AML Kit, U.S. fiat bank account, Crypto Exchange Account Opening$13,000
POPULAR ADD-ONS
Corporate Nominee Director$4,800/yr
Nominee Shareholder$2,400/yr
Full Apostille KYC/AML Kit$2,000
Cross-jurisdictional Guidance & Structuring Advice$2,000
Express Filing$840
Crypto Exchange Account Opening$1,200
Skyline Digital OTC account opening$1,200
Fiat bank account (U.S.)$5,000
Section F

Get started

Ready to actually set one up?

The order page has the live pricing, add-ons and checkout. This page was just the homework.

§Sources

Frequently Asked Questions

No. A foundation company can operate with no members, provided it has at least one Supervisor, who attends and votes at general meetings but has no ownership or economic rights [1][12].

Yes, through reserved powers written into the constitution, such as appointing and removing directors or designating beneficiaries. Once the foundation exists it cannot be revoked, so the powers you want need to be drafted in at the start [2].

No. Beneficial ownership information is held by the corporate services provider and accessible only to listed bodies such as law enforcement, CIMA and licensed financial institutions. Cabinet can allow public access in future, but that has not happened [6].

Otonomos estimates 5 to 10 business days after onboarding is complete [15]. Onboarding includes KYC, and the secretary must clear any asset contributions before they go in [4].