A Gibraltar foundation is a separate legal entity established under the Private Foundations Act 2017.
It holds assets in its own name and operates according to its constitutional documents, rather than for shareholders or trustees. This distinguishes it from both companies and trusts.
Foundations are often used for:
Suitability depends on how the foundation fits within the wider structure and should always be assessed with appropriate advice.
A Gibraltar foundation is established through an irrevocable endowment of assets by a founder and the creation of constitutional documents.
Founder
The individual or organisation that establishes the foundation, contributes the initial assets and defines its purpose. The founder may reserve certain powers within the constitutional documents.
Council
The governing body responsible for managing the foundation. A Gibraltar-based licensed fiduciary must form part of the council. Acquarius can provide this role, together with ongoing governance and administration.
Beneficiaries
The individuals, families or organisations designated to benefit from the foundation, in accordance with its stated purpose and governing documents.
The ongoing administration of a foundation is central to its credibility and effectiveness.
The council is responsible for:
Acquarius supports this through:
Foundations must maintain proper accounting records and prepare annual financial statements in accordance with recognised standards.
Governance is not a one-off consideration. It is reflected in how the foundation is administered and evidenced over time.
The tax treatment of a Gibraltar foundation depends on its residency status and the position of its beneficiaries.
In summary:
Where beneficiaries are resident in Gibraltar, distributions and certain benefits may be subject to tax, depending on the underlying income.
Tax treatment should always be considered as part of the wider structure and supported by independent advice.
Gibraltar foundations are typically used by:
They are less commonly used where a trust structure is more appropriate or where the additional governance framework is not required.
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Key Contacts
Oliver Andlaw
Managing Director
Gareth Cross
Chief Operating Officer
Laura Fuhr
Company Manager
Speak to our foundations team
Talk to usHow long does it take to establish a Gibraltar foundation?
Typically four to eight weeks, depending on the complexity of the structure and the preparation of constitutional documents.
Do foundations require a Gibraltar-based fiduciary?
Yes. A Gibraltar-based licensed fiduciary must sit on the council. Acquarius can fulfil this role.
Can the founder retain control?
Certain powers may be reserved by the founder, but the foundation must operate in accordance with its constitutional documents and governance framework.
Are foundations the same as trusts?
No. A foundation is a separate legal entity that owns its assets. A trust is a legal arrangement between trustee, settlor and beneficiaries. The choice depends on the legal, jurisdictional and structural requirements.
Are foundations suitable for all clients?
No. Foundations are typically used in specific circumstances, particularly where civil law considerations apply or where a separate legal personality is required. Suitability should be assessed with professional advice.
Do foundations need to prepare accounts?
Yes. Foundations must maintain accounting records and prepare annual financial statements, which are filed with the Registrar.
Acquarius Trust
Company Limited
+(350) 200 50418
Icom House, Suite 3,
2nd Floor 1/5 Irish Town,
PO Box 883
Gibraltar, GX11 1AA
Reg. N 64486
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