Fiduciary Operations, Foundations & Trusts

As Swiss lawyers, we have a long experience of conducting fiduciary operations:  acting in our own name, but for the benefit and at the risk and costs of our clients.  We are acting as ‘legal’ owners, that is to say externally as true owner, but internally you, the client, do remain the ‘equitable’ owner. You shall always be in a position to claim your rights of ownership and fulfil your obligations towards your lawyer.

Whereas the British created the vehicle of the trust, the Swiss did the one of the foundation.  Even if they aim at the same results, they have very different architectures and features.  A trust is generally opaque and volatile, unlike a foundation that is transparent and solidly domiciled in one jurisdiction.  Foreign trusts were officially recognized years ago in Swiss law as a valid vehicle by implementing a system of tax-payer’s identification for the trust-assets according to every different type of trusts.  The creation of a Swiss trust is underway.  As it should serve secure estate planning and be fully transparent, avoiding to be used for tax evasion, money laundering or the like, its holders shall have to be Swiss resident.

A trust is known to be much more flexible than the foundation in terms of mobility. The foundation is inspiring more confidence as being solidly anchored into both Switzerland and the Swiss legal system.

Past success

• Representation of a wealthy art-collector at an auction house for his anonymous purchase of a MODIGLIANI painting.
• Set-up of a Swiss foundation geared to non-profit financial and educational support of youngsters in need.