Get all the help you need
To quickly form, register, administer and maintain a Seychelles Foundation
And we will be there to support you, for the lifetime of your Foundation!
You have worked out that you need a Seychelles Foundation, but where to start ?
A Remarkable Offer
- Name Availability Checking For Up To 100 Names – USD 100
- Vetting Of Submitted Foundation Particulars And Supporting Client Documents – USD 200
- Feedback And Guidance To Comply With Seychelles Foundation Act And Other Important Seychelles Regulations – USD 350
- Standard Foundation Document Templates Pre-Vetted By Top Seychelles Law Firm – USD 1000
- Document Preparation – USD 200
- Responsive And Speedy Foundation Registration Process By Helpful And Experienced Local Staff – USD 500
- Government Fee – USD 200
- 1 Year Registered Agent Services And Assistance With Preparation Of Statutory Documents – USD 400
- 1 Year Registered Office Address And Monthly Letter Forwarding By Registered Post (Low Volume) – USD 600
- Immediate Dispatch Of Full Package After Registration By Email Followed Courier And Electronic Backup Of Scanned Files (Certificate Of Registration, Foundation Charter And Regulations, Appointment Of First Councillors, First Board Of Councillors Minutes, Register Of Councillors, Register Of Beneficiaries, Register Of Other Officers) – USD 75
- Lifetime Automated Electronic Document Repository (For Keeping Of Accounting Records And Minutes In Seychelles – USD 1000
- Lifetime support and guidance to the rules and regulatory environment in Seychelles – USD 1000
- Total Value – USD 4725
- Optionally With Courier Of Full Package Documents (Instead Of Registered Post), To Reach You Within 4 To 5 Days – USD 75
Grand Total Value With Courier – USD 4800 (but this is not what you pay!!)
Our Typical Price Range
Depending On Your Specific Requirements And Our Risk Assessment
USD 950 To USD 4195
So you have the Opportunity to get an even lower Price!
Simple Client And/Or Lower Risk Client Offer
Clients With Simple Structure And Activity And/Or Lower Risk Characteristics (Simple Business Activity Or Purpose, Few Transactions Or Assets, Clear Source Of Funds And Wealth, No Links To Very High Risk Territories And Sanctioned Countries, All Connected Persons Have No Adverse Media, No Persons Under Sanctions Or Connected To Sanctioned Countries And No Politically Exposed Persons, All Requested Order Forms Provided, Clarifications And Verification Documents Provided Without Delay) USD 1095 Less USD 145.
Discount = Lower Risk Client Offer USD 950
More Complex Client And/Or Higher Risk Client Price
Additional Charges For Clients With More Complicated Structure Or Activities And/Or Higher Risk Characteristics Subjected To Enhanced Due Diligence (With Nominees Or Special Control Arrangements, With Many Connected Parties, Complex Business Activity Or Higher Risk Activities, Connections To High Risk Territories, Some Non-Standard Or Unfamiliar Verification Documents, Some Adverse Media But No Wrongdoing) USD 1095 Plus USD 400.
Surcharge = Higher Risk Client Price USD 1495
Very Complex Client And/Or High Risk Client Price
Surcharge For Very Complex Clients And/Or With High Risk Characteristics Subjected To Extended Due Diligence (With Complex Trusts Or Other Complex Ownership Arrangements, With Unusual, Technically Complex And/Or Novel Activity Or Purpose, Crypto-Based Or Part Of A Virtual Assets Service Provider Business Or Group [But Not Crypto Exchanges], Complicated Or Special Management And Control Arrangements) USD 1095 Plus USD 3100+
Surcharge = Crypto Client Price USD 4195+
Special Arrangements And Offers Are Available To Professionals With A Good Track Record Or Who Are Regulated – See Our Affiliate Program Offers (Trust Companies, Attorneys, Accountants, Estate Planners, Banks, Introducers, Marketers, Resellers, Agents)
- Value pricing with simple pricing structure – usually no time charges – Contact Us for our price list
- Price reductions available to low-risk clients
- Higher risk clients will be considered
- Highly responsive team, contactable by WhatsApp, SMS, Email, Skype, and phone
- You will be assisted by keen local staff who are supported by experienced Seychelles attorneys and accountants
- Continuous service since 1995, with many long-standing clients – we formed the very Seychelles IBC in 1995! (and CSL001 and LP0001 in 2004!)
- Licensed and regulated by the Seychelles Financial Services Authority
- Based and headquartered in Seychelles – you will work with the decision makers who are in Seychelles, and experience no delays waiting for an overseas office
- Typical Foundation formation time is between 3 and 5 days for existing clients and 5 to 7 days for newly on-boarded clients (after client onboarding has been completed, and after all information and documents have been received)
- Ready-made Foundations with excellent names are occasionally available
- Standard Foundation constitutional documents (charter and regulations) prepared and periodically reviewed by a top Seychelles law firm
- Top local law firm retained for ongoing guidance and amendments to documents
- If you require a Seychelles auditor we may refer you to 1 of 3 independent auditors – we work with competent and experienced professionals
- We accept digitally signed documents signed with Docusign and Hellosign and can send documents for signing via these services
- Special prices and agreement for resellers, professional intermediaries and corporate services wanting to leverage our services
- Established clients can pay within 30 days of order delivery or as agreed (monthly, quarterly etc.)
- Full range of Seychelles Foundation services (filing dissolutions, restoration of struck off Foundations, obtaining Hague convention apostille, notarizations, attestations by embassies and consulates)
Number of Seychelles Foundation registrations processed to date:
Number of Seychelles Foundation Hague Convention Apostilles Porcess to date:
Number of Certificates of Good Standing processed to date:
Number of Seychelles Foundation annual renewals processed to date:
Number of Document Notarizations Processed to date:
Number of Foundation voluntary dissolution registrations completed to date:
- We do not provide international tax advice or guidance – you should obtain international tax advice before forming a Foundation (but we may assist with obtaining Seychelles tax guidance or private rulings)
- We do not provide cross-border structuring solutions and assistance
- We do not provide Councillors and authorized signatories to Foundations that are highly transactionally active (with many transactions) or with other high-risk factors (including Crypto-related)
- We do not accept clients from or with links to Iran, North Korea and any FATF blacklisted countries plus Syria, Afghanistan, Yemen
- We do not provide services unless due diligence procedures have been completed and the risk profile is within acceptable levels
- The help of local staff who know Seychelles requirements well
- An easily contactable and responsive team
- Simple value pricing (email us for our approved Price List)
- Frequent reminders for Foundation renewals and compliance matters
- Continuous effort to keep your information private and secure
- Quick access by email request to copies of your documents in the Seychelles file (Coming in 2023: Client portal giving you secure access to your documents and information 24/7, as well as a secure document upload facility)
Type Of Legal Entity
Private Foundation
Applicable Law
Foundation Act, 2009 (as amended)
Authority
Seychelles Financial Services Authority (FSA) – formerly Seychelles International Business Authority (SIBA). The FSA operates the Foundation registry.
Registration Time
Typically 3 to 7 days (after client onboarding has been completed, and after all information and documents have been received).
Annual Fee Paid To Government
USD 200
Ready-Made Foundations
Limited availability
Initial Assets
The initial assets of a Foundation should have a value of not less than USD 1 or the equivalent in any other currency.
Scope Of Operations
A Foundation may not have commercial or for-profit activities but it may own commercial enterprises. The purpose or objects need not be charitable or philanthropic - they can be private e.g. for succession or estate planning.
Taxation
A Seychelles Foundation is not liable to Seychelles tax on its foreign-sourced income. Seychelles- sourced income (if any - in most cases it is nil) is taxable at 15% on the first SCR 1 million of net income (surplus) and 25% on the rest.
Double Taxation Agreement
A Foundation may have access to double taxation treaty benefits depending on the treaty.
Meetings
Not required to be in Seychelles. May be conducted telephonically or online e.g. via Zoom or Teams. An Annual General Meeting (AGM) is optional but recommended for good governance.
Professional Councillor And Nominee Founder
Allowed, and they can be Seychelles residents or foreigner individuals or foreign entities.
Registered Office
Required to be in Seychelles. We provide the registered office in Seychelles.
Registered Agent
The Registered Agent of a Foundation is required to be in Seychelles and must be a licensed Foundation Service Provider.
Secretary
It is not a legal requirement to appoint a Foundation secretary. It is optional.
Confidentiality
Seychelles legislation supports confidentiality.
Non-English Names
A Foundation can be registered with a non English name provided that a certified translation of the name is submitted together with request.
Suffix
Foundation
Charter And Regulations
A Charter is required to create a Foundation and it must be signed by one or more Founders, and submitted to the Registrar, making the Charter a public document.
A Foundation may have Regulations and the Regulations are not required to be filed at the Registry, in which case it will remain a private document.
A Charter or Regulations that are not in English or French must be accompanied by a certified translation.
Shareholders And Ownership
A Foundation does not have shareholders or owners.
Councillors
A minimum of one Councillor is required and can be a body corporate or an individual (older than 18 years old) of any nationality and residing in Seychelles or outside of Seychelles. A sole Founder cannot be the sole Councillor. The sole Protector cannot be the sole Councillor. Professional Councillors may be appointed.
Protectors
A Protector can be a body corporate registered in Seychelles or any other jurisdiction. A Protector can also be an individual (older than 18 years old) of any nationality and residing in Seychelles or any other country. A Founder, a beneficiary or a Councillor can also be a Protector. A sole Councillor or sole Beneficiary cannot be the sole Protector. Professional Protectors may be appointed.
Beneficiaries
A beneficiary can be a body corporate registered in Seychelles or any other jurisdiction. A beneficiary can also be an individual or any age, of any nationality and residing in Seychelles or in any other country. A Founder can be a beneficiary but not the sole Beneficiary.
Accounting Records
A Foundation is required to lodge its accounting records with its Registered Agent in Seychelles. All Foundations must lodge their transactional accounting documents (aka substantiating documents or supporting documents) e.g. bank statements, receipts, expense vouchers, ledgers, and contract documents and agreements. All Foundations are also required to prepare a simple financial summary for which we can provide an example.
Financial Year End
The financial year of a Seychelles Foundation is the calendar year, unless it is changed by a resolution of Councillors and notified to the Registered Agent within 14 days.
Substance Requirements
Substance requirements are not applicable to a Seychelles Foundation.
Exchange Controls
None
Exemptions
Exemption from payment of stamp duty on sale or transfer of company shares.
Legal Proceedings
Any civil proceedings in respect of a Seychelles Foundation may be heard by a Judge in Chambers.
We serve clients from most countries, but we do not accept clients who are resident or domiciled in or otherwise maintain close links with countries found on the FATF Call For Action List or who are in the FATF Jurisdictions Under Increased Monitoring list. We also do not accept clients who will somehow be linked with those countries e.g. will own assets in those countries or do business with persons in those countries. The current list can be accessed from https://www.fatf-gafi.org
We will not accept clients who are connected to the trade of drugs and prohibited substances. We cannot assist clients who are directly involved in the pharmaceutical business such as operating a chemical factory. We also cannot assist anyone involved in the adult entertainment business (pornography, prostitution or even “online dating”) - these are illegal in Seychelles. We cannot assist clients who are involved in the arms business (development, manufacturing and distribution of weapons, ammunition and other equipment used by the military and defence forces).
We will also refuse arrangements that will raise investment funds from the general public or provide financial services to the public, without having licences or permits from where they will be operating.
We may also refuse to act for politicians.
Yes you can, provided that the laws of the existing country allow you to transfer the Foundation to Seychelles. The process is called continuation or re-domiciliation.
We will carry out due diligence checks on the existing Foundation and its Founders, Councillors, beneficiaries, other officers, its beneficial owners, and on its assets and financials in general. You will also have to provide proof that the Foundation is in good standing with its current registry – e.g. a certificate of good standing or the equivalent, as well as all existing Foundation documents.
You can. The Foundation Act specifies a procedure for change of agent. We do not prevent clients from leaving but will ask that unpaid fees are settled first and that we are refunded for the costs that we will incur from the transfer process. We do not charge additional exit fees.
We will attempt to complete our records before closing our file for the Foundation, focusing only on important requirements the Foundation is obligated to satisfy, or had undertaken to meet.
You can. On rare occasions, some existing service providers may resist and may make the process a little complicated, but most agents are cooperative and will allow for a quick and painless transfer.
You can. To get started, send us the new name to approve and we will prepare all the required documents.
It depends on how quickly we can receive due diligence documentation on the new Councillors for verification. Next, the updated register will have to be filed with the Registry and the whole process can take between 1 to a few days. In some circumstances, we may have to consult the beneficial owners particularly when there are Professional Councillors and other officers, which can increase processing time.
You could simply stop paying the annual fees. Then we will not pay the annual licence fee to government and eventually, usually within some months, the Foundation will be struck off the register. One year after strike, off it will be deemed to have been dissolved. We refer to this as “letting the Foundation lapse into dissolution”.
You could also voluntarily wind up (dissolve) the Foundation. This is not a straightforward process, but we can guide your through it. This the most robust close down option but also the costliest one.
Another option is to notify the registry that the Foundation has ceased to trade or operate and will not resume any activity, which may prompt the Registrar to strike off the Foundation. Yet another option is for us to resign as registered agent, and after 3 months the Foundation would be struck off for not having a registered agent.
If the Foundation is struck off because it did not pay its annual fees there is a clear process to restore it. You have to pay all the outstanding annual fees so that we may pay the government annual licence fees. There will also be an additional restoration fee charged by the Registry.
You will also need to bring the Foundation into full compliance with the prevailing laws, including settlement of any unpaid compliance penalties. The FSA will inspect the file to ensure full compliance before restoring the Foundation to the register.
If our annual renewal fees are not paid we will not be able to pay the annual government fees. If the annual government fees are not paid the Foundation will not remain in good standing and will eventually be struck off the register.
One year after strike off it will be deemed to have been dissolved. Once struck off the assets held by the Foundation may be deemed to be vested in the state i.e. assets of The Republic of Seychelles. A more immediate consequence is that you would not able to get a certificate of good standing to give to the bankers and other parties.
Struck off Foundations can be restored, and on restoration an Foundation is deemed to never have been struck off, so apart from restoration fees and penalties there are usually no lasting implications if you inadvertently let a Foundation be struck off. You can recover from the error but the FSA will inspect the file beforehand, to ensure compliance with the law.
For a Seychelles Foundation the annual fees are due on the anniversary of its registration. If a Foundation was registered on the 4th January 2023 the annual fees would be due each year on the 4th of January. We would need to pay the annual government fees by the 4th of January each year to avoid any late payment penalties.
If not paid on time, the Foundation would incur penalties of 10% of the annual fee, charged for every additional 30 days of non-payment..
To help you to renew on time and to avoid penalties we send a first reminder by way of a renewal proforma invoice between 60 and 90 days before the due date. Thereafter we send renewal reminders on a monthly basis for the Foundation so that you do not have to keep track – you can just act on our reminders.
Our annual fees start from USD 950 per year. Please contact us by email, WhatsApp or SMS, or call us for our price list, and to get a quote based on the specific particulars of your Foundation.
Our annual fees are competitive and include government charges of USD 200 per annum, as well as our registered agent and registered office fees.
Yes we can obtain a certificate of good standing from the Registry if your Foundation has paid all its annual fees and its name is still on the register, i.e. it has not been struck off, and if it does not have any unpaid penalties for non-compliance. A certificate of good standing is often required by banks, other parties in business transactions or government bodies to confirm that a Foundation still exists and has legal capacity to act.
For an order that has been fully fulfilled, we generally we do not accept returns and we do not give refunds.
An exception is our 180 day satisfaction guarantee for new Foundations.
In case of errors in the documents we produced or procured, or loss of documents in shipment, we would offer to provide a replacement at our cost. We would of course return advanced payments if an order is cancelled before we had started any work.
If after 180 days you cannot use your very first Foundation for the planned purposes, you may approach us and we will do our best to help you get the results you want, or we may give you a part refund and then resign as registered agent, following which the Foundation would be struck off by the Registrar. This is for newly onboarded clients only, who have not previously obtained a Seychelles Foundation.
Another option is for you to on-sell the Foundation to someone you know. We can assist with the transfer of control and management..
We will process most orders before receiving payment so as not to cause delays, but we will require payment before despatching documents by email or post or courier.
We do not formally extend credit, but we can allow well-established end-user clients to pay after document despatch. We also have special arrangements for active professional intermediaries.
We are flexible but we prefer payment via bank wire transfer (SWIFT, IBAN, online payments) and most of our clients pay by this method. We can receive payments in United States dollars, Euros, British Pounds, Singapore dollars, and Seychelles Rupees. Other currencies are also allowed but they will be converted to one of the above currencies by our banks.
We can also accept credit card payments from VISA and Mastercard holders. You may also send money straight to one of our bank accounts via international money order services like MoneyGram or Western Union but we only recommend this if you absolutely cannot pay by bank transfer or credit card because bank charges are very high.
If you are in Seychelles we may accept, and bank small amounts of cash denominated in major international currencies or in Seychelles Rupees (value less than USD 2000). Bank notes must be of very good quality so as to be acceptable to Seychelles banks.
Yes we can because Seychelles is a party to the Hague Convention of 1961. Original documents bearing the signature and/or seal of a public official (such as that of the Registrar on a certificate of incorporation) can be apostilled without prior certifications or authentications. Other documents and all copies require notarization or other certification or authentication before they can be apostilled. In Seychelles apostilles are affixed by the Registrar of the Supreme Court, and the process is usually very quick and not expensive.
You may in some circumstances. Some banks, government bodies and private individuals or businesses in transactions overseas (not in Seychelles) may ask for apostilled documents.
An apostille is an internationally recognized form of authentication. It is an international certification comparable to a notarisation in domestic law. The sole function of the apostille is to identity any stamp or seal affixed to an official document, to certify the authenticity of the signature on the document, and the capacity in which the person signing the document acted.
Under the Hague Convention, participating countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the apostille. The apostille guarantees that public documents issued in one signatory country will be recognized as valid in another signatory country.
No, you will have be given signatory rights e.g. be appointed as a bank account signatory, or as attorney under a power of attorney, or as the Foundation secretary etc. Founders' rights could also be assigned to you.
Nominee Founders can assign all their rights to you or a person of your choosing soon after registration.
For professional Councillor appointments a Councillor service agreement will include similar undertakings as those in declaration of trust or in nominee shareholder agreement i.e. the Councillor will undertake to not act against your wishes and interest. As the Registered Agent we will respect and not support any action that goes such an agreement.
Yes but we refer to them as Professional Councillors. We have short listed approved individuals who may provide this service. We can also provide a corporate Professional Councillor. A Professional Councillor will sign an agreement undertaking to not act against your wishes, aims and interests.
You can also appoint your own professional Councillor, perhaps your lawyer, accountant or other professional service provider, or a good friend or trusted family member.
There is no minimum initial capital requirement however in practice a minimum of 1 unit of any international currency is used as the initial asset. The typical amount for the initial asset is United States Dollar One Hundred (USD 100).
Yes, corporate Councillors are allowed. Any company, Foundation or Limited Liability Partnership from any acceptable country can be a Councillor of a Seychelles Foundation.
One. A Foundation Council must have at least one Councillor.
You can save on time. The Councillors manage the Foundation and take care of the statutory obligations, leaving you with more time for the core activities of the Foundation or the more important things in life.
A Professional Councillor can also monitor the affairs of the Foundation more closely and provide independent oversight. You might not be able to run the Foundation from afar and a Professional Councillor can be closer to the activities, especially to the activities taking place in Seychelles.
A Professional Councillor can also bring with them expertise, particularly for administration of Foundations. You can have some increased privacy also.
Any individual person over 18 years old may be appointed. The person must not have been declared bankrupt, must not have been convicted of a crime or must not have been disqualified to act in some other way. It is generally recommended that someone with a good clean record is appointed because a Councillor’s past is likely to be scrutinised at some point particularly if a bank account will be required. Most banks will reject an application if a person with a questionable past is involved.
As an alternative to individual persons, any corporate entity from anywhere in the world may be appointed. The corporate entity must be in good standing on its register.
A person (whether an individual or a corporation) who is competent and who is responsible should normally be appointed. Councillors are responsible for the management of the Foundation and owe duty of care to the Foundation.
The management and control of the company may be placed in the country where the Councillors reside. This may have important implications in legal proceedings and in taxation matters.
Yes, corporate Councillors are allowed. A corporate entity from most other countries can be used but the corporate entity must still be on the register of companies wherever it is registered, and it should be kept in good standing. Its objects must also allow it to act.
No. It is totally optional.
As the registered agent we often also fulfil some of the secretarial duties but we are not the Company Secretary. We are happy to prepare most statutory resolutions and other simple documents for free and we are happy to help the overseas company secretary out if one is appointed.
Yes Seychelles law recognises digital signatures, and specifically recognises the service provided by Docusign.
Normally it is the Councillors but anyone can also be appointed as a signatory to bank accounts – bank signatories do not have to be Councillors or other officers. A power of attorney can also give a person who is not a Councillor.
We prefer to call them a “professional” account signatory. The approved persons who provide professional Councillor services would usually be open to be appointed as a bank account signatory but while they would be accommodating, they may query all transactions and ask for more information before executing them.
If they are uncomfortable, they may well refuse to approve and they may resign. A professional account signatory will not knowingly participate in fraudulent transactions and other illegal activities and there are severe punishments under our anti-money laundering and anti-terrorism regulations.
Anyone you choose can be a bank account signatory. It can be a professional Councillor, a Founder or a trusted friend or family member, yourself of course or one of our team.
A bank account signatory is someone who “signs” on an account i.e. approves a transaction and is basically someone who can transfer money from an account or sign cheques. It must be someone who is responsible and who can be trusted. A signatory may act alone (a sole signatory – someone who you trust absolutely) or a signatory may only act together with other persons (joint signatory – for when more control is required). You will usually be able to have different groups of signatories. A common arrangement is to have one group of sole signatories and another group of joint signatories so that your business can continue as normal even when key people are away. You may even have two groups of joint signatories with one joint signatory required from each group so that they control each other.
For Foundations, Councillors are generally expected to be bank account signatories, and professional Councillors are usually expected to at least be a joint signatory but this is not a requirement.
A Foundation can be registered with a non-English or with a non-French name provided that a certified translation of the name is submitted together with the name request. The translation must be a direct translation.
Name applications can usually be processed within 1 hour.
The registry does experience some very busy periods when it can take 2 or 3 hours, but this is not the norm. Do note that it is up to the Registry to approve or reject names. They can also ask for more information about made up words, acronyms and foreign language sounding words (those not in English or French), which can slow down the name application process because we would have to ask you for more information.
No. Our forms are quite short and simple and are usually not more than 2 or 3 pages long. We can assist with form filing and guide you through the process.
At the very least we must receive all documents and information required for client registration via email in a high-quality format, preferably in colour, to be able to send your new Foundation documents to you.
Our regulations strictly require that we complete client registration procedures before we fulfil your orders. During client registration we must come to “know our client” (KYC) to ensure that any proposed business or activity will be in accordance to the laws of Seychelles and to help ensure that once the Foundation is operational it will remain compliant. Depending on the circumstances, simplified due diligence measures may be applied to long-standing clients, affiliates or other contacts with a good track record, which can help reduce order processing time.
In most cases, to complete your orders very quickly we will begin to process your order soon after you hire us.
When time is very limited a ready-made shelf Foundation may help you meet your deadline. The documents can be despatched immediately after receiving all documents and information for client registration.
We can usually register a new Foundation within 3 to 5 days, particularly if we have all information and documents to complete the due diligence process quickly. It helps if the required Foundation will have standard features only (e.g. no special customizations to the documents) and with an ordinary name in English or French language. We do process everything on an urgency basis, but we may on special request follow up on an order more closely with the Registry and other third parties.
Slow-downs at the Registry are possible but are rare. Also if you require authentication of documents (notarization, apostille etc) it will take a little longer to have the documents ready.
On receiving the certificate of registration and the registered Charter, we can scan and email high quality PDF documents back to you. Courier to most places thereafter takes 3 or 4 days.
Our fees range from USD 950 per annum to over USD 4195 per annum depending on the particulars of the Foundation. Please click on the Get A Quote button, or email or message us for a exact fee. Our prices are competitive, and we charge a simple flat fee that includes the government annual fees. Currently the Seychelles government fee for incorporation is United States dollars 200.
We are licenced and regulated by the Seychelles Financial Services Authority (FSA). In Seychelles the business of corporate and trustee services providers is highly regulated. An aggrieved client can file a complaint with the authority. For serious wrongdoings, the authority has the power to suspend or to revoke a licence. That said, we've been providing a service for nearly 30 years and we intend to continue - the reputation of providing good service is critical to our aims.
For relatively minor issues you will be able to change to another agent. You could also appoint an intermediary you know and trust such as your lawyers or accountants overseas (not in Seychelles) to manage your company. A registered agent is entitled to information about Foundations, not to control them. It should be noted that the law strongly obligates a registered agent to protect any information received.
From a search at the Registry, assuming they already know the name of the Foundation, they will be able to see the registration number, the registered agent’s name and address, the registered office of the Foundation, and calculate the last annual licence fee that was paid, the next annual licence fee to be paid and the status of the Foundation (whether in good standing, struck off or dissolved etc). They would also be able to get a copy of the certificate of registration, the Charter and any other documents filed publicly.
Seychelles law enforcement agencies and governmental bodies and the Courts can obtain all information held by the Registered Agent in Seychelles. This may include the register of Councillors, the accounting records, the beneficial owner registers and declarations, and due diligence documents used to verify the Councillors and beneficial owners’ details.
As a licenced corporate service provider and trustee in Seychelles we are bound by certain laws and regulations. These regulations require that we know our clients through a process called “due diligence”. This process requires that we collect certain documents to verify the identities and addresses of the persons we deal with when forming and administering companies, trusts, foundations, and other entities.
We must also ask for other information about you and your proposed activities to be able to build a profile that will enable us to ensure that you will be acting in accordance with Seychelles laws and regulations. This profile may also help us notice unauthorized activities, i.e. activities that you have not approved in the event that a third party such as intermediary or other connected person does not follow your wishes or the instructions that you have set out.
Please note that all such information is only filed privately in our records. The documents and information are not filed publicly, and the law provides for confidentiality – we are obligated to preserve confidentiality and to keep the documents and information private. Only the courts may place the documents and information in the public domain. Government bodies such as the Financial Intelligence Unit (FIU), the Financial Crimes Investigations Unit (FCIU), the Seychelles Revenue Commission and the FSA have the power to demand documents during an investigation (before legal proceedings) but they are also required to preserve privacy.
A proof of address is any document issued by an independent body, in original form or certified as a true copy of the original, that shows the name of the person or entity we will be dealing with and the address of that person or entity.
When a copy is provided it must be a good quality copy. The person certifying the copy should then sign the certification and add their full name, title, address and the date that they certified the documents. The certifier must have seen the original document. The copy and certification must be done by one the following persons (in order of preference):
- A notary public
- A consular or embassy official from your consulate or embassy
- A police officer
- A Commissioner of Oaths
- A Justice of the Peace
- A Mayor / Maire (but not the deputy)
- A member of staff at a major international bank (with the bank”s stamp)
- A qualified lawyer or solicitor who is subjected to anti-money laundering regulations in a regulated jurisdiction and who can state a bar number
- A qualified accountant or auditor who is subjected to anti-money laundering regulations in a regulated jurisdiction and who can state an international association membership reference
- We can also accept certification and verification of end user client documents from a registered professional intermediary, who is also a regulated person. A regulated person is someone or an entity who is subjected to anti-money laundering regulations and who is reporting entity under such regulations. Also, if you are in Seychelles we can make a copy of the documents when you are in our offices and we can then certify the copies.
We usually accept the following documents (in order of preference):
- A utility service bill (gas, electricity, water, land-line telephone, but NOT mobile phone)
- A statement from a major bank or building society
- A credit card statement from VISA, MasterCard, American Express or Diners
- A certified photocopy of your Drivers License, which should clearly show your name and principal residential address. If you send a certified copy, please copy the front and back of the document
- A letter from a Consular Official, or higher, from your Embassy or High Commission. This letter must bear the official stamp or seal and show the official’s name and signature
- A government-issued National Identity card
Our order form lists everything we need, and we can email or message a copy to you. Our order form ensures that you will easily cover all our requirements, step-by-step.
Basically we will need a name for your Foundation, the amount and details of the initial asset or assets, the names and addresses of the Councillors (unless you want us to introduce you to professional Seychelles Councillors), the names, addresses of the beneficiaries, the names and addresses of the beneficial owners (which can be different to the beneficiaries), the specific proposed activities or purpose of the Foundation (even if the Foundation will have the most general objects in its Charter), the countries where the Foundation will have some activity, and the source of funds to setup and start the Foundation and to make it work.
Depending on the specific activities and other special requirements we may ask for more information to ascertain that your proposed activities are legal in Seychelles.
We need enough information about the specific purpose and activities that the Foundation will undertake to be able to provide guidance as to whether it is prohibited in Seychelles or not. For most Foundations a short statement comprising of three or four phrases would usually be sufficient to start with.
We also need to know about the countries and regions where the Foundation will operate to ensure that sanctioned countries or countries that are viewed as high risk by us and the Seychelles authorities are not or will not be part of your operations.
We also ask for a short statement about the source of funds to setup an Foundation and to make it work. A typical statement may be “The Foundation will hold various company shares directly and will also own a stock portfolio managed by a bank. The initial source of funds will be from the personal savings of the Founder" but the more information you can provide the better our assessment can be.
No because Seychelles residents are legally able to form and manage a Seychelles Foundation.
There are substance rules for Seychelles companies.
No there is no requirement to open a Seychelles bank account. A Seychelles Foundation can have more or more bank accounts anywhere in the world.
Yes. It has always been a duty of the Council of the Foundation to do so. Other records include minutes of meetings, written resolutions, consents for appointments, and agreements. A Foundation must keep such records for 7 years. The registered agent will keep copies of the records it has received in Seychelles, for 7 years.
Since 2021, Seychelles Foundation have been required to lodge their accounting records with their registered agent in Seychelles (that’s us – A.C.T.). Foundation must lodge their transactional documents (aka substantiating documents or supporting documents) e.g. bank statements, expense vouchers, receipts, accounts ledgers, and contract and agreements etc that would be used for preparing financial statements. Foundations must also prepare a financial summary, which is a simplified and abbreviated form of financial statements.
No it is not a requirement but it may be an advantage to have one.
Yes a Seychelles Foundation can have its own offices in Seychelles. It can lease its own offices but if it carries out surplus generating activities from Seychelles, it may generate Seychelles-sourced-income and be taxed on the resultant surplus. Where a Foundation earns foreign passive income it may still have an office in Seychelles for making or maintaining professional contact with counsel and attorneys, accountants, bookkeepers, trust companies, management companies, investment advisers or other similar persons carrying on business within Seychelles, or to prepare or maintain books and records of the company within Seychelles.
Yes. Whilst a Seychelles Foundation may not directly engage in commercial activities, it may own the shares of a Seychelles company (IBC or ordinary domestic company) engaging in commercial activities in Seychelles. However, before a Foundation may acquire an interest in land or buildings in Seychelles, government sanction (approval) must be obtained and a fee must be paid to government. Non-Seychelles controlling persons and promoters must obtain approval from the Seychelles Investment Bureau as the first step.
No. While we are always happy to meet our clients you do not have to come to Seychelles to register and establish a Seychelles Foundation. You can complete client registration electronically and then provide all required information to setup the Foundation via email, and important original documents can follow by post or courier.
Seychelles is a great place to register a Foundation because it has a fast and reliable registry, formation and annual fees are relatively low, and the service providers are very keen to help and are very professional. Depending on your exact requirements you can have a Seychelles Foundation for less than USD 1000.However, the “best” jurisdiction will largely depend on your specific requirements.
The main advantages are flexibility and easy administration, plus lower cost, higher availability of names, fast and reliable registration, order completion and delivery. The Seychelles Foundation is an ideal ultimate holding entity for a group of companies and/or in a trust arrangement.
A jurisdiction is a territory with its own set of laws under the control of its own system of courts and its own government which are different to other territories. We are usually referring to a country when talking about a jurisdiction but this is not always the case.
A Foundation is a legal entity separate from its creators and it can own assets or participate in legal proceedings in its own name.
It is incorporated like a company, and it is managed by a board of Councillors similar to a company's board of directors but it does not have owners.
Instead, as with a trust it may have a purpose or it may have Beneficiaries, but the Beneficiaries have no beneficial interest in the assets. The Foundation legally and beneficially owns itself and the assets, and the assets do not become the assets of a Beneficiary unless distributed.
The Foundation is often discussed as a hybrid of a company and trust but it is a unique entity that has developed separately from companies and trusts, and it has special and powerful applications, e.g. for estate planning, as the legal entity for a family office or as the ultimate holding entity for a group of companies, or the ultimate holding entity for a trust.