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Doing Business in - JHI

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<strong>Do<strong>in</strong>g</strong> <strong>Bus<strong>in</strong>ess</strong> <strong>in</strong><br />

Liechtenste<strong>in</strong><br />

Foundation<br />

The foundation may be formed as a pure family<br />

foundation (for the payment of expenses for upbr<strong>in</strong>g<strong>in</strong>g<br />

and education etc.), as a non-profit mak<strong>in</strong>g foundation<br />

(support and promotion, e.g. of a charitable, artistic,<br />

scientific, social nature) or as an ecclesiastical<br />

foundation. The establishment of a charitable foundation<br />

may also be considered.<br />

The foundation is not suitable for the pursuit of<br />

commercial objects. Commercial activities may only be<br />

undertaken if such activities serve to achieve the<br />

foundation’s non-commercial purpose or the type and<br />

scope of the participations held require the facilities of a<br />

commercial undertak<strong>in</strong>g.<br />

Only the charitable foundation is subject, under certa<strong>in</strong><br />

circumstances, to official supervision. 1<br />

1<br />

Art. 564 PGR<br />

Formation<br />

Upon formation, the founder def<strong>in</strong>itively donates assets<br />

for a clearly specified purpose and regulates the<br />

beneficial <strong>in</strong>terest. To a justifiable extent the founder<br />

may reserve certa<strong>in</strong> rights by occupy<strong>in</strong>g a position (as a<br />

member of the board of foundation, curator, protector) or<br />

by the <strong>in</strong>clusion of an appropriate provision <strong>in</strong> the<br />

articles, by-laws or regulations.<br />

Existence<br />

A foundation which is not obliged to register is deemed<br />

to start its existence with the signature of the deed of<br />

foundation; a foundation which is obliged to register<br />

exists upon registration <strong>in</strong> the Public Register.<br />

Registration or Deposition<br />

All foundations undertak<strong>in</strong>g commercial activities <strong>in</strong><br />

order to achieve their noncommercial purpose (e.g.<br />

youth hostel, old people’s home, welfare foundation <strong>in</strong><br />

association with an enterprise) are obliged to register.<br />

The obligation to deposit the foundation documents with<br />

the Public Register (without by-laws or regulations) is<br />

applicable to ecclesiastical foundations, pure and mixed<br />

family foundations as well as foundations whose<br />

beneficiaries are specifically designated or def<strong>in</strong>able. In<br />

this case the existence of the foundation is not provided<br />

by any register and <strong>in</strong>spection is only possible upon<br />

proof of an entitled <strong>in</strong>terest.<br />

Nom<strong>in</strong>al Capital<br />

The m<strong>in</strong>imum capital is CHF 30,000, EUR €30,000 or<br />

USD $30,000.<br />

PAGE 14 |<br />

DOING BUSINESS IN LIECHTENSTEIN

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