Migration & restoration
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.
Migration in to Guernsey
Schedule 2, Part 1 of the Foundations (Guernsey) Law, 2012 enables a foundation registered overseas to migrate in to Guernsey and become a Guernsey registered foundation.
Foundation migration applications must be made by a Corporate Service Provider (CSP).
The guidance available below gives further information on the requirements relating to the migration of foundations into Guernsey, and details the documents that must be submitted with the application.
An application to migrate a foundation into Guernsey should be made using the online form linked below.
Please note: All foundation councillors, guardians and resident agents must be registered with the Guernsey Registry before submitting the migration in 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 Migration In [270kb]||Foundation migration in application form|
|Beneficial ownership manual data capture form [104kb]||Form to be used to submit beneficial ownership information for paper applications (BO Manual Data Capture Form v3.xlsx).|
|Migration in - Guidance [239kb]||Guidance on the requirements relating to migrating an overseas foundation into Guernsey including required documents.|
|Person Registration Form [146kb]||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.|
Migration out of Guernsey
Schedule 2, Part 1, section 8 of the Foundations (Guernsey) Law, 2012 enables a Guernsey registered foundation to migrate out of Guernsey and become established as a foundation in an overseas jurisdiction.
The guidance available below gives further information on the requirements relating to the migration of foundations out of Guernsey, and details the documents that must be submitted with the application.
|Foundation migration out form [922kb]||-|
|Migration out - guidance [230kb]||Guidance on the requirements relating to migrating a foundation out of Guernsey including required documents.|
Foundations which have been struck off of the register can apply either to the Royal Court or to the Registrar to restore it to the register, as long as the application is made within 5 years of the date it was struck off.
The guidance notes below give information on the process and the differences between a Court restoration and an administrative restoration by the Registrar.
|Foundation administrative restoration - guidance [143kb]||Guidance on the requirements relating to an administrative restoration by the Registrar and the circumstances in which this is possible/not possible.|
|Foundation Court restoration - guidance [131kb]||Guidance on the requirements relating to a Court restoration.|
Relevant links & information
The Foundations (Guernsey) Law, 2012
The Foundations (Strike Off) (Guernsey) Regulations, 2014