PANAMA FOUNDATION: EUROPEAN ORIGINS
In the late 1920's, the Swiss Community, seeing the
World-War and political crisis that was about to take place, developed the
entities attractive to the upper middle-class, the wealthy, and the Swiss
bankers.
Its proximity to Switzerland, prompted Liechtenstein to actively participate
in the task proposed by the Swiss Community. This participation included the
approval of laws, which would lead to the creation of three entities, designed
to allow individuals to delegate the administration of their assets to third
parties, without having to reveal their identity to any governmental authority
and with a level of confidentiality which was almost impenetrable. With the
passing of time, these three entities developed into the Private Interest
Foundation or "Stiftung", as it is known in German.
But why create a new investment vehicle so similar in structure to the Trust?
The need arose mainly because the use of the Trust had practically
disappeared from the European Continent by this period. Although it is true that
the Trust was an instrument that had been widely used in Europe since the
Middle Ages, it was abolished during the French Revolution being considered
as an instrument used for the benefit of the Nobility to perpetually protect
their assets.
After Napoleon's conquest of Europe, the ordered codification of
Roman Law spread, mainly within Central Europe, rendering the Trust practically
non-existent and viewed as an outdated Anglo-Saxon instrument. From
this point on the preference of the Foundation over the Trust in the use
of structures for the protection of assets and inheritance planning began
to spread throughout Europe.
The Liechtenstein Stiftung was born of necessity during a time of crisis to
be used as an improved substitute for the Trust.
Aside from its wide popularity in Europe, owing largely to the fact that
its origins were European, the Foundation has been recognized legislatively
and by courts in various jurisdictions. It has been recognized in legislative
form by the governments of Liechtenstein, the Dutch Antilles, Holland, Austria
and Panama, and most recently Bahama and Nevis have seen the light with a lees
effective common-law version, all of which have passed laws regulating the
same.
Foundations have also been recognized by courts in countries such as The
United States, England, Canada and Australia, adding in turn credibility to its
structure and operation, and confirming that any revision that is made to its
structure should be adjusted to the law of the jurisdiction where it
originated.
The Panama Private Use Foundation has less Government involvement and greater
flexibility than the each of the two Liechtenstein laws, coupled with a moderate
cost, it has become the highly favored choice amongst dicrimintating professionals
and their clients. Canada Offshore is the only known provider to successfully
draft the Panama Charter to be compliant with the laws of Canada, and subsequently
with the USA, UK, and other high tax nations for an offshore solution that
works where the stock Charter does not. We can open a bank or brokerage account
where the Foundation is the beneficial owner of the IBC account, not you personally,
creating substance to the legal structure and proof of your distance.