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Private Foundations.pdf - Mossack Fonseca & Co.

Private Foundations.pdf - Mossack Fonseca & Co.

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4<br />

There is no limitation whatsoever as to perpetuities, accrual of capital and other restrictions that<br />

are enforced in similar legal entities of other jurisdictions such as Anglo-Saxon type trusts.<br />

The Foundation may (non-habitually) carry out any kind of civil or commercial transactions,<br />

anywhere in the world and in any currency.<br />

Founders, members of the Foundation <strong>Co</strong>uncil, Beneficiaries and Protectors or Superintendents<br />

may be natural persons or corporations of any nationality domiciled anywhere in the world.<br />

Founders need not be Foundation <strong>Co</strong>uncil members.<br />

Founders, Protectors or Superintendents and members of the Foundation <strong>Co</strong>uncil may be<br />

Beneficiaries of the Foundation.<br />

There are no limitations as to the maximum number of Founders, <strong>Co</strong>uncil Members, Beneficiaries<br />

or Protectors allowed.<br />

Founders and Foundation <strong>Co</strong>uncil Members may hold their meetings anywhere in the world and<br />

may be represented thereat by proxy.<br />

Foundation books and accounting books (if any) may be kept in Panama or abroad.<br />

Foundation Charter may be subscribed by the client or by an attorney in fact or trustee, without<br />

need to reveal the name of the principal or settlor.<br />

<strong>Foundations</strong> from other jurisdictions may change their domicile to Panama and continue existing<br />

as Panamanian <strong>Private</strong> <strong>Foundations</strong>, or vice versa, by following an easy continuation procedure.<br />

The U.S. Dollar circulates freely as legal tender in Panama and a rigorous bank secrecy law is in<br />

effect.<br />

Panama is currently considered a strong and stable democracy.<br />

MOST COMMON USES FOR A PRIVATE FOUNDATION<br />

<strong>Private</strong> <strong>Foundations</strong> are commonly used for the following:<br />

To protect the weak. One of the classic uses of a <strong>Private</strong> Foundation is to protect persons at a<br />

disadvantage due to minority, incapacity or incompetence to manage their assets or the risk of<br />

losing same.<br />

In cases where family businesses are passed to second and third generations, there is a<br />

possibility of such business becoming fragmented and outsiders gaining control. In these cases,<br />

a <strong>Private</strong> Foundation insures the conservation and continuity of the family businesses.<br />

To guarantee payment of individual sums of money or individual asset distribution to members of<br />

one or more families for their subsistence, education, clothing and other living expenses, or as a<br />

YA/Pub./10.2007

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