Switzerland has low taxes, a decentralized government, and a business-friendly environment. Bordered by France, Italy, Germany and Liechtenstein, it is a federation of 26 cantons with four official languages: German, Romansch, French and Italian. Despite this linguistic diversity, this landlocked European country has enjoyed much tranquillity along with a sound democratic system. This article will discuss Swiss Foundations, a Civil Law legal instrument similar to Common Law Trusts.
Many individuals and businesses prioritize asset safety, and one effective way to achieve this is through the establishment of a Swiss foundation. Setting up a foundation in Switzerland involves several important steps that require attention to detail. It typically begins with selecting a company to assist in the process, as they have the necessary expertise and knowledge of the local regulations.
The establishment of a Swiss foundation is carried out in accordance with the Swiss Civil Code and requires the submission of specific details and documentation. These details include the purpose of the foundation, its structure, and the names of the individuals involved. An association with a strong network of organizations and people can be beneficial in navigating the process and ensuring compliance with all legal requirements.
The standard definition of “Foundation” is “a legal instrument holding assets that a founder has dedicated to a specific purpose.” In the case of Foundations, the founder delegates management of part of their wealth and unties from it. That is, the Foundation and the founder are two separate legal entities.
The term “public utility” often replaces “charity” in Switzerland’s legislation. According to a Credit Suisse report, at the end of 2020, Switzerland counted over 13,500 foundations which collectively amassed CHF 100 billion in assets. According to its geographical influence, foundations will be supervised at the communal, cantonal or federal level. Red Cross, for example, is handled federally.
The Swiss Civil Code (SCC) covers Foundations in articles 80 to 89, which make room for private-benefit and charitable entities. Other Foundation categories are leisure and culture, social services, health, environment, education, research and religion. Special ones exist, such as staff pension funds, investment foundations, and family foundations.
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A Swiss foundation can also serve as a platform for various projects and initiatives that contribute to society
The founder benefits from “founder’s freedom,” in other words, they can define the purpose and stipulate the organization’s structure and regulations. It is worth noting that the wording of such a purpose must fulfill the principle of legal certainty. In other words, it must be expressed so that future Foundation's governing agents cannot twist its meaning. It must act as the fundamentals upon which future generations and Supervisory Authorities will keep an eye on the Foundation. Consequently, the founder can protect their influence when setting up the Foundation as they can grant themselves certain rights, become the president of any Foundation’s Department, including the Foundation Board, form an electoral body, and determine the features the future trustees must possess, etc. Since conflicts of interest may arise, founders are encouraged to appoint independent expert panels (similar to a Trust protector) along with some internal commissions. Appointing trustworthy members is crucial.
The Founder can also equip this instrument with several purposes that may be pursued in a particular order or cumulatively, or even change the Foundation's objectives (under certain circumstances and always with the permission of the proper Supervisory Authority). This is called the right to change the foundation purpose. Only the founder can reserve this right. However, it must be noted that the following conditions must be fulfilled to use it:
On top of that, although the purpose must be “altruistic,” a Foundation can be mixed-purpose, meaning it can combine charitable and private objectives. Interestingly, it cannot act for individual interest, but it is possible to establish it for political purposes. If managed correctly within the legal framework, the founder can simultaneously protect his net worth and work on his charitable views.
The establishment of a Swiss foundation is carried out in accordance with the Swiss Civil Code and requires the submission of specific details and documentation
Supported by the Foundation Charter (i.e. Founder’s Deed or Deed of Foundation) paired with the registration, the Foundation must enter the Commercial Register. This Charter can be a testamentary disposition or inter vivos (established during the founder’s lifetime). This document shall comprise the following:
In terms of assets, a Foundation must exclusively possess those which can fulfill its purpose (purpose/means relationship). Assets include intellectual property, real estate, securities, cash, etc. To establish this structure, a minimum of CHF 50,000 capital is required. Here, you must take care because the SCC allows Public Authority to intervene and even grab the assets to assign them to a Foundation according to a similar purpose. In other words, it is essential to ensure that the assets’ value is enough or at least justify that the Foundation will receive sufficient future donations. Umbrella foundations are common, too, as in some cases, a small foundation is not viable, so a larger one may absorb it and pursue its purpose along with its original ones.
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Your money will always be protected by a foundation
Only Foundations with charitable objectives may benefit from tax exemption, unlike the ones for a private benefit which are regarded as another legal entity in terms of taxation. The founder of tax-exempted Foundations can enjoy up to a 20 % deduction in their taxable income except for the canton of Basel-Land, where the deduction is unlimited. However, this privileged category must be under the control of the Tax and Supervisory authorities. The donors (including the Founder) who contribute freely, money or even resources get a deduction on their income tax and taxes on profits.
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Trustees are responsible for the proper management and risk allocation of assets and must use them to the best of their knowledge, capacity and judgement. Other principles they must maintain are risk diversification, liquidity, and profitability. Although there is sometimes a blurred line between the types of investment, they are:
Aside from the above duties, here are some other responsibilities they have to perform:
In addition, other relevant duties are notifying imminent insolvency or excessive debt and publicly sharing their salaries. Due diligence responsibilities obligate them to stay up to date about the Foundation’s situation. A board of trustees must deal with several regulations and internal, everyday problems requiring extensive knowledge about many fields such as law, financial matters, asset management, etc. Therefore, hiring external professionals to care for these problems is common practice. Then, these activities must be observed so there are no conflicts of interest. Despite the founder’s freedom, there is also the governing bodies' autonomy. In other words, if circumstances demand a temporary change of goals, the trustees can maneuver as long as they still preserve the identity of the Foundation.
Swiss foundations are known for their commitment to high-quality accounting practices and transparency
Switzerland is known for its strong financial industry, and establishing a foundation there provides access to a stable and reliable banking system. The country's reputation for secure and confidential banking practices is well-established, making it an attractive choice for safeguarding assets. Furthermore, Switzerland's diverse economy, including thriving industries in banking, tourism, and communications, offers opportunities for businesses and investors alike.
Another advantage of establishing a Swiss foundation is the favourable tax and legal framework. Switzerland has a transparent and predictable regulatory environment, with clear rules and regulations governing foundation operations. This stability and certainty provide a solid foundation for asset protection and wealth preservation.
Additionally, Swiss foundations are known for their commitment to high-quality accounting practices and transparency. They are required to maintain accurate financial records, which enhances their credibility and helps build trust among investors and stakeholders.
A Swiss foundation can also serve as a platform for various projects and initiatives that contribute to society. The foundation can support causes in areas such as education, healthcare, environmental conservation, and social welfare. This philanthropic aspect further enhances the foundation's reputation and allows individuals to make a positive impact in their chosen fields.
A Swiss foundation provides a solid platform for asset protection, wealth preservation, and making meaningful contributions to society
All in all, a Swiss Foundation can be used like a Trust if operated correctly. If it is given the charitable foundation status, it will be tax-exempted, and even its donors (including the Founder) get tax deductions. Another relevant aspect is how dynamic this legal instrument is. Since it offers the chance to vary its purpose according to specific circumstances and the cumulative achievement of goals, founders can plan how the foundation will act in the short, medium and long term. However, it is a must to take care of conflicts of interest and the vigilance of the day-to-day operations and register the Foundation with a sufficient amount of asset value.
In summary, establishing a Swiss foundation offers a secure and reliable means of protecting assets. By working with a reputable company and following the necessary steps and requirements, individuals and businesses can leverage Switzerland's robust financial industry, favourable legal framework, and diverse markets. A Swiss foundation provides a solid platform for asset protection, wealth preservation, and making meaningful contributions to society.