Introduction to the Curacao Private Foundation

The Private Foundation is a unique legal structure under Curaçao law offering robust asset protection without shareholders, members, or share capital. Unlike a company, it stands as a separate legal entity, holding assets in its own name.

• No personal liability for the Founder, Board Members or Beneficiaries
• No shareholders or profit distributions unless authorized
• Full flexibility in structuring purpose, governance, and succession

Why Choose a Private Foundation?

Originally created to serve philanthropic purposes, the Private Foundation was introduced in Curaçao (formerly the Netherlands Antilles) in 1998 to meet the needs of private individuals seeking secure, private, and international asset protection.

Key features:

• No restrictions on who may benefit or how distributions are made
• Ideal for estate planning, wealth structuring, and legacy protection
• Fully recognized under Curaçao civil law, yet independent from state claims

Powerful Use Cases

• Estate & Succession Planning: Protect your legacy, bypass probate, and ensure clear succession.
• Asset Protection: Shield property, metals and IP from political, legal, or economic threats.
• Income Deferral: Income generated      within the foundation is untaxed until distributed.
• Business Continuity: Maintain company control without shareholders ideal for defending against hostile takeovers.

Lawful StructuresA Private Foundation may not engage in commercial trade with a profit motive but can:

• Act as a holding for assets and companies
• Conduct investment activities and manage wealth
• Serve as a limited partner in a business venture

Incorporation ProcessIncorporation requires a Founding Deed, executed before a civil law notary in Curaçao. Setup takes a few weeks.To incorporate, you’ll need:

• A clear certified copy of the Founder’s and Beneficiaries’      passport(s)
• A bank reference or professional introduction letter
• Declaration of Source of Funds

What Is Public? What Is Private?Registered with the Curaçao Chamber of Commerce, the following are recorded:

• Name and address of the Foundation
• Name of the Board Members and Supervisory Board Members
• Purpose of the Foundation
• Date of incorporation

A public record of beneficiaries is kept. No disclosure of Founder’s authorities unless chosen.

Founder’s RightsFounders may retain powers to:

• Appoint or dismiss Board Members
• Approve Beneficiaries
• Transfer these rights lawfully to another party if desired

Governance & Control

The Foundation is managed by a Board of Directors, with at least one Curaçao resident. Optionally, a Supervisory Board can be installed for oversight.Beneficiaries are appointed confidentially and have no claim unless distributions are formally made, preserving maximum asset security and control.

Letter of Wishes

Founders may leave a private, non-binding Letter of Wishes with guidance on distributions, succession, or intent especially useful upon incapacity or death.