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Foundation

A Foundation in the UAE is a legal structure that helps manage money, protect property, and plan for heirs. It is similar to a corporation but without members or shareholders. An entity separates the founder’s personal wealth from assets, providing long-term control. Established by the UAE’s laws, such as DIFC Law No. 3 of 2018, entities offer founders more freedom in inheritance arrangements through charters and optional by-laws. There is no personal income tax, a lower corporate tax, and treaties that stop double taxation, which helps save money on taxes.

Entities keep beneficiaries’ information confidential and protect them from lawsuits or inheritance rules. Typically used for private wealth or charity work, entities are particularly appealing to wealthy individuals and families seeking a stable financial center for their legacy planning.

 
 

Who can set up a Foundation 

Where to set up a Foundation ?

Find out which UAE free zones and jurisdictions offer the most suitable environment for your entity.

How to set up a Foundation ?

Setting up an entity in the UAE involves a structured process to ensure compliance and alignment with the founder’s objectives. The steps are easy to follow, but you need to plan carefully and follow the rules of the jurisdiction. Follow these steps

Choose a jurisdiction

Step 1

Choose DIFC, ADGM, or RAK ICC based on what you require, such as cost, privacy, or an emphasis on charity.  

Appoint a registered agent

Step 2

Engage a licensed agent (mandatory in RAK ICC, optional in DIFC/ADGM) to take care of registration and compliance.  

Draft the charter

Step 3

Write the foundation’s constitution, which should include its name, objectives, initial capital, and duration. 

Appoint key roles

Step 4

Name at least two council members to govern the foundation and a guardian (not essential, but required after the founder dies) to keep an eye on things. 

Submit application

Step 5

File the charter, by-laws, and other needed documents with the chosen jurisdiction’s authority.  

Obtain licenses

Step 6

To conduct business lawfully, need to have the proper licenses and permissions, ensuring compliance with local regulations.  

Documents required for Foundation setup 

Setting up an entity in the UAE requires specific documentation to meet regulatory standards. These are essential documents:

Passport copies

Each natural person involved (founder, council member, guardian) must have a valid passport copy. 

Proof of address

a utility bill from the last three months or a certificate of residence for each person.  

Company documents

For people who want to start a legal business, give them the articles of association, a list of directors, and partners (translated and certified if necessary).  

Foundation charter

A long document that lists the foundation’s name, goals, starting capital (at least $100), and length of time it will last. 

By-laws (optional)

Rules that how to run the business orspecifying asset distribution, if they apply

Registered agent information

Name and business address of the licensed agent.  

Council member information

The full names, addresses, and nationalities of two or more council members who run the foundation.  

Guardian Details (if applicable)

Details about the person in charge of the council’s work.  

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Frequently Asked Questions

A foundation is a legal entity with its own personality, whereas a trust is a legal arrangement between a settlor and a trustee. In a foundation, the founder retains some control, while in a trust, assets are managed entirely by trustees for beneficiaries.

Yes. A foundation must comply with the specific laws and regulations of the UAE jurisdiction where it is established, such as the DIFC or ADGM. This includes submitting required documents, appointing a registered agent, and ensuring ongoing compliance with governance standards.

There is no fixed minimum net worth requirement, but the founder must contribute sufficient initial capital to meet the foundation’s purpose and operational needs. Different jurisdictions may have varying capital expectations or administrative fees.

No. A physical office is not typically required. However, most jurisdictions require a registered address or agent within the UAE to handle official correspondence and ensure compliance with local regulations.

Yes. A foundation can receive external or third-party funds if permitted under its charter and local laws. These contributions must align with the foundation’s stated objectives and comply with relevant financial and anti-money laundering regulations.

Assets can be transferred at the time of establishment or any time thereafter. The transfer must follow legal and procedural requirements, ensuring the assets are lawfully owned and properly documented under the foundation’s name.

Yes. It can own and manage assets both within and outside the UAE, provided it adheres to the applicable laws of the relevant jurisdictions and maintains transparent records of ownership.

If the founder passes away, it continues to exist as an independent legal entity. Management and asset distribution are governed by its charter and by-laws, ensuring continuity according to the founder’s wishes.

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BYB (Build Your Business) is a specialized firm focused on building the foundation for businesses to operate globally. We provide clear guidance and practical support to individuals and companies on how to properly establish their business, follow all rules, and design its structure to begin work in different countries. Our deep knowledge includes how to stay compliant in various nations, selecting the best legal setup, and making smart choices about local business environments. We help get registrations, explain tax requirements, and put in place the basic systems for running an office. BYB is an essential partner for those starting international businesses, making sure they have a solid and rule-abiding base from the very beginning.

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