Anguilla (AI)

Jurisdiction Overview

IDQuestionAnswer
236 *Is any formal registration required at all? Yes
 Data Date: 2018

Notes

 
According to the Global Forum report (2014): "Foundations can either be established within or outside Anguilla. For foundations established in Anguilla, a declaration of establishment (declaration) or a testamentary declaration of establishment must be filed with the Registrar of Foundations (who is also the Registrar of Companies). Such declaration is publicly available. For an overseas foundation continuing in Anguilla, its articles of continuance must be filed with the Registrar of Foundations” (GF 2014: 45). LexMundi reports: "Anguilla is, as far we are aware, the first and only common-law jurisdiction to adopt the idea of allowing the option of registration or deposit of a foundation. If it is deposited rather than registered, it enjoys a high degree of privacy" (LexMundi Anguilla Guide 2018: 25-26). According to the Foundations Act, Section14(1), regarding the deposit of foundation documents: "The Foundation Council may decide not to register a foundation, not being a foundation that has a commercial purpose, and in any such case the declaration of establishment of the foundation must be deposited by the registered agent with the Registrar together with the prescribed fees, and the Registrar shall record such declaration of establishment in a schedule of deposited foundations". Since information regarding the establishment of the foundation is available to the register in both cases - registration or deposit -, we consider that formal registration is required.

Sources

GF 2011: 32-33; GF 2014: 45
 
LexMundi Anguilla Guide 2018: 24.
 
https://www.lexmundi.com/Document.asp?DocID=3915
 
http://www.commercialregistry.ai/Services/Foundations