• Foundation companies have separate legal personalities and will transact with third parties in their own right, rather than through their trustees.
• Foundation companies benefit from the Cayman Islands' substantial company case law history and the 'firewall' feature of its trust legislation, providing certainty as to how the courts will treat disputes.
• In contrast to trusts, duties are owed only to the foundation company itself as opposed to beneficiaries. Rights may be enforced against only the company, not the directors.
• Foundation companies are not required to have any members, if permitted by their memoranda and provided that they have a supervisor with the right to attend and vote at general meetings.
• Foundation companies whose objects are to be carried out mainly outside the Cayman Islands may be incorporated as an exempted company and not subject to any income, withholding or capital gains taxes in the Cayman Islands.

Anthony Partridge

Giorgio Subiotto

Fraser Allister