Liechtenstein foundation: the Stiftung under PGR Art. 552.

Only when its purpose requires it. A common-benefit foundation must be entered, and so must a private-benefit one that runs a trade under a special law (§ 14(4)). Any other private-benefit foundation may register but has no duty to; it deposits a founding notice with the Office of Justice instead (§ 14(5)).

The depositor and the persons he authorises. Third parties get only an official confirmation (Amtsbestätigung) of items 1-7 and 10 of § 20(2) (Art. 955a(1) PGR), while prosecutors, the FIU, the FMA and the Tax Administration retrieve the notified data online (Art. 955b(2)). Filings of registered foundations are public under Art. 953(1).

At least two members, and legal persons may serve (§ 24(2)). Under Art. 180a PGR one member with management and representation power is an EEA national, a treaty-equivalent person or a legal person and holds an FMA licence under the Treuhändergesetz or the 180a-Gesetz. The FMA grants the 180a licence to full-time employees of a domestic Treuhänder, for CHF 2,000.

Two statutory deadlines govern the set-up: the founding notice within 30 days of establishment (§ 20(1)) and the VwbP report within 30 days of the notice. The Office of Justice's processing time is confirmed when we file. In our planning the deed and the source-of-wealth file take longest.

Official fees are CHF 300 for the founding notice or CHF 700 for a register entry, a formation duty of at least CHF 200 and CHF 15 per Amtsbestätigung copy (§ 20(4)). The foundation needs CHF 30,000 of capital, and PVS status means CHF 1,800 a year in minimum tax. Our Vaduz fee comes in writing after a free assessment.

Yes. Under § 38(1) heirs and creditors may challenge the endowment like a gift; under § 38(2) the founder and his heirs may attack the foundation for defects of intention, also after registration. In a family foundation the founder may add a narrower rule: a beneficiary's creditors cannot take gratuitous entitlements through security, enforcement or insolvency proceedings (§ 36(1)).

PVS (Privatvermögensstruktur) is the tax status of a passive legal person that pursues no economic activity, controls no company it holds and solicits no investors (SteG Art. 64(1)-(2)). A foundation holding it pays only the CHF 1,800 minimum income tax and is not assessed. The Tax Administration decides on application, and the foundation confirms the conditions every year.

As much as the deed reserves under § 30: the right to revoke the foundation or amend the deed, which the founder can neither assign nor bequeath and which a legal-person founder cannot hold. If he reserved revocation and is himself the final beneficiary, the beneficiaries lose their § 9 rights to inspect the deed and obtain information (§ 10(1)).

Jersey asks for less money at the start: a Jersey foundation needs no initial endowment (Foundations (Jersey) Law 2009, Art. 7(1)), only a JFSC-registered trust company business may apply, and incorporation costs GBP 205 within 5 business days. Liechtenstein asks CHF 30,000, but its family foundation files a deposited notice instead of a register entry and can take PVS taxation.

We draft the deed and regulations under Art. 552, line up the council and its licensed member, and prepare the founding notice, the VwbP report and the PVS application as one file. The work runs through our Vaduz office.