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Wealth, Succession & Asset Protection

DIFC Foundation Setup

Overview

WhatWeDo

A DIFC Foundation is a standalone legal entity — a hybrid between a company and a trust — designed to hold and transfer wealth across generations. Governed by DIFC Law No. 3 of 2018, it has independent legal personality, flexible governance through a Founder-led Council, and broad use cases including family business succession, asset holding (including Dubai real estate via the DIFC–DLD Memorandum of Understanding), investment vehicles, and charitable purposes. Foundations are open to both Muslim and non-Muslim expats and offer a private, court-enforceable framework that keeps the Founder firmly in control while protecting beneficiaries.

Key Benefits

  • Robust asset protection behind an independent legal entity
  • Structured succession planning across generations
  • Privacy and confidentiality of beneficiary arrangements
  • Founder and Council retain active control and flexibility
  • Eligible to own Dubai real estate via the DIFC–DLD MoU
  • Platform for structured, long-term wealth management
  • Suitable for both Muslim and non-Muslim expats
Step by Step

TheProcess

1

Purpose & Structure Definition

Clarify objectives (succession, asset protection, charity, holding), intended beneficiaries, and the overall governance model.

2

Select Founder & Council Members

Appoint the Founder and at least two Council members responsible for managing the Foundation in line with its Charter.

3

Engage a Registered Agent

DIFC requires a licensed registered agent to act as liaison with the DIFC Registrar and provide the registered DIFC address.

4

Prepare Charter & By-Laws

Draft the Charter (public constitutional document) and By-Laws (private rules) covering purpose, beneficiaries, Guardian powers, and succession.

5

Submit Documentation to DIFC Registrar

File the incorporation package — Charter, By-Laws, KYC, and resolutions — with the DIFC Registrar of Companies.

6

Receive Certificate of Incorporation

Upon approval, the Foundation is issued a Certificate of Incorporation and acquires legal personality.

7

Set Up Banking & Investment Accounts

Open bank and brokerage accounts in the Foundation's name to receive contributed assets.

8

Ongoing Compliance & Management

Maintain annual filings, update registered details, and review the Charter and By-Laws as circumstances evolve.

What You Need

RequiredDocuments

Passport copies and KYC forms for the Founder, Council members, beneficiaries and Guardian (if appointed)
Proof of residential address for each party (utility bill or bank statement)
Source-of-funds narrative and supporting evidence
Schedule of assets to be contributed to the Foundation
Draft Charter and By-Laws inputs (purpose, beneficiaries, governance rules)
DIFC registered address (provided by the registered agent)

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