Please note: These guidance notes are not intended to be definitive legal advice and should not be relied upon as such. The interpretation of legislation is a matter on which the Guernsey Registry cannot advise and entities/individuals need to form their own independent view on compliance with the legislation. Independent legal advice is advised where there is any uncertainty.
Guernsey foundations can only be incorporated by a Corporate Service Provider (CSP) who holds a full fiduciary licence from the Guernsey Financial Services Commission.
The Registry has a directory of CSPs available here.
All foundations must have at least two councillors (subject to the terms of the Constitution of the foundation). If the foundation has a purpose in respect of which there are no beneficiaries, or there are disenfranchised beneficiaries, the foundation must have a guardian (see section 10 of the Foundations (Guernsey) Law, 2012).
A person who is appointed as a Councillor cannot also be appointed as a Guardian and vice versa.
If none of the Councillors or the Guardian are Guernsey licensed fiduciaries or authorised persons, the foundation must have a resident agent who is resident in Guernsey and a Guernsey licensed fiduciary or authorised person.
Foundation registration submissions are made by completing the online form available below. The following documents will need to be uploaded with the application:
1. A copy of the Charter (see the below guidance for details of the requirements of the Charter)
2. Copies of the Councillors' written consents to act
3. Copy of the Guardian's written consent to act (if a Guardian is to be appointed).
For full details of the requirements to register a foundation in Guernsey please refer to the Foundations (Guernsey) Law, 2012 and, if applicable, seek professional advice.
Please note: All foundation councillors, guardians and resident agents must be registered with the Guernsey Registry before submitting the registration form. This is the same process as registering a director for a company, and if an individual is already registered with the Registry as a director, there is no need to register again.
|Foundation registration form (online)||2 hour incorporations must be received before 3pm to be registered the same day.|
|Director/Person Registration Form [132kb]||CSPs can also register foundation officials using the Online Services Portal using the 'Register Entity Officials (Director, Guardian, Councillor)' submission.|
|Overseas Body Corporate Registration form [124kb]||CSPs can also register foundation officials using the Online Services Portal using the 'Register Entity Officials (Director, Guardian, Councillor)' submission.|
|Charter required elements - guidance [226kb]||Guidance on the required elements of a foundation Charter.|