How to Form a Curaçao Private Foundation

A Curaçao private foundation is used for asset protection, estate planning, wealth structuring and international holding. The following steps outline the formation process; asset transfers, tax and ongoing administration require separate attention.

Step 1: Define purpose and structure

We establish:

• Asset protection or estate planning?
• Investment holding?
• Crypto or an international structure?
• Succession planning?
• Governance rules?

The foundation must have a defined purpose.

Step 2: Draft the foundation deed

The notarial deed (articles of incorporation) includes:

• The name of the foundation
• A registered office in Curaçao
• A purpose clause
• The board structure

Optional:

• Separate private regulations (reglement)
• A supervisory board to oversee the board

Step 3: Appoint the board

Agree who will serve on the board, how decisions are made and how members can be replaced. Discuss any proposed supervisory board, protector or advisory role with the notary and legal advisers; powers and eligibility must fit the governing documents and applicable requirements.

Step 4: Register with the Chamber of Commerce

Arrange registration with the Curaçao Chamber of Commerce (KvK) and obtain the relevant register extract. Incorporation, registration and any permissions needed for particular activities should be checked with the notary and legal advisers; they are not interchangeable steps.

Step 5: Open a bank account (optional)

If banking services are needed, prepare an application and the institution’s required due-diligence documents. Opening an account remains subject to the bank’s approval.

Tax treatment

Assess the foundation’s proposed activities, distributions and the tax residence of the founder and beneficiaries. Do not assume that an exemption removes filing obligations or applies in another country. The Curaçao investment agency’s regulatory overview notes an annual tax-return requirement for SPFs.

Typical uses

• International holding structure
• Preserving family wealth
• Estate planning
• Pre-IPO holding
• Custody of digital assets
• Cross-border investment

Before you begin

Prepare an asset list, the family or ownership relationships, the relevant countries and a clear description of the intended outcome. Explain existing wills, debts and structures. Contact ZL Attorneys to assess whether an SPF is appropriate and identify the formation and ongoing work required.