Introduction to Labuan foundation

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Labuan Foundation

description

Introduction to Labuan Foundation by Cheng & Co Trust Int'l Limited

Transcript of Introduction to Labuan foundation

Page 1: Introduction to Labuan foundation

Labuan Foundation

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Foundation is like a hybrid structure of a company and a trust

What is a foundation?

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Can the objective of a Labuan Foundation be non-charitable?

The objectives of a Labuan Foundation can be charitable or non-charitable or both

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Private Foundation

Corporate Foundation

Charitable Foundation

Types of foundation…

OR

OR

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Charitable Foundation

You can establish a charitable foundation that typically offers financial support or other forms of assistance for a non-profit cause to the needy

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Private Foundation

Private foundations are commonly used for estate planning purposes to benefit family members as well as to ensure that a succession plan is in place.

Private foundations does not solicit funds from the public and not necessarily engage in philantropy

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Corporate Foundation

A corporate foundation is a private foundation sponsored primarily by a profit-making company.

It is a way for companies to exercise their corporate social responsibilities

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Why set-up a Foundation?

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Foundation is a separate legal entity and will not be affected if its beneficiaries becomes insolvent

Why set-up a Foundation?

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Why set-up a Foundation?

Foundations can be established to hold and distribute assets and businesses on behalf of its beneficiaries

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Why set-up a Foundation?

Foundation life is indefinite and managed by its council of officers.

It does not need to have any owners and no minimum paid-up requirements

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Why set-up a Foundation?

Foundation is governed by its charter and articles of association and has the flexibility to change its structure anytime

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Who can set-up a Labuan Foundation?

Any Malaysian or Non-Malaysian can set up a Labuan Foundation

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Salient advantages of setting up a

Labuan Foundation

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Create a Labuan Foundation as a protection to shield your assets…

Unenforceability of foreign judgement and claims…

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Secrecy of information

There is no way for outsiders to access the information of a Labuan Foundation…

Unless, consent is granted by council member or officer

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Tax exempted for distribution to beneficiaries…

Taxation only applicable if Labuan Foundation operates as a trading entity…

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or perpetual…

Foundation life can be a fixed period

continuing from generation to generations…

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Rights and Powers of Founders can be reserved…

You can set restrictions or rules in the Charter and Articles of Association

Example:

“Only the founder can wind-up the foundation”

“Only the founder can remove or appoint beneficiaries”

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You can re-domicile your Foundation in other jurisdictions

to Labuan

Labuan

If you have already have a foundation somewhere else, you can re-domicile it into Labuan…

Foundation in other

Jurisdictions

Re-domicile

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You can also re-domicile your Labuan Foundation to other

offshore jurisdictions

Panama

BahamasIsle of Man

If you prefer your foundation to be governed by other jurisdictions, you can migrate it out from Labuan…

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Contact us for more information…

www.chengcotrust.com

Cheng & Co Trust International LimitedTelephone: +603-79848988, Fax: +603-79844402Website: www.chengcotrust.com e-mail: [email protected]

Labuan Office: Lot 2(a), Level 4, Wisma Lazenda, Jalan Kemajuan, PO Box 81840, 87000 Labuan FTKuala Lumpur Office: No 16-G, Jalan 2/114, Kuchai Business Centre, Off Jalan Klang Lama, 58200 Kuala Lumpur