Guernsey Foundation Registration and Filings

Public and non-public register information

The Guernsey register has two parts, and Part A is the part open to public inspection. It lists the foundation's name and registration number, councillors' names and addresses, any guardian's name and address, and the registered office details.^[1][3]

Part B contains the foundation's purpose and declarations and other documents filed with the Registrar. It is not public. The charter must be filed, although it is not available for public inspection. These rules govern Guernsey filings and public inspection. U.S. filing treatment is a separate question.^[1][2]

Beneficial ownership information follows a separate submission route. It must be submitted to the Guernsey Registry on application, but is not inscribed on either Part A or Part B. The resident agent collates that information and reports it to the Registrar, with updates as necessary.^[4][5]

Governance and change filings

Guernsey foundations must file particulars of governance in the form prescribed by the Registrar. Changes to that filing must be notified within 21 days of the change.^[5]

The foundation's constitution consists of a charter and rules. The charter states key details, including the name, purpose, initial endowment and duration when limited. The rules prescribe council functions and set procedures for appointing, resigning and removing councillors and any guardian. These constitutional records sit alongside the governance particulars filing, while the charter is filed but not open to public inspection.^[1][2][5]

The Law also requires every foundation to have a registered office in Guernsey. The name and address of that office are included in Part A, the public part of the register.^[1]

A foundation is an entity, so the U.S. result depends on classification under Treas. Reg. sections 301.7701-2 through 301.7701-4, and the absence of a dedicated foundation form does not take it outside U.S. tax. Depending on its terms, a foundation can be treated as a foreign trust (Forms 3520 and 3520-A, with grantor trust status if the founder holds revocation or similar rights), as a foreign corporation (Form 5471, with CFC and PFIC consequences), or as another entity type. A U.S. founder or beneficiary may also have Form 8938 and FBAR duties for its accounts. See Foreign entity tax classification and Panama foundation versus trust: U.S. classification.

Registration of an overseas foundation

An overseas foundation can apply to register as a Guernsey foundation only if the law of the place where it is established allows that registration and it has met that law's registration requirements. This eligibility condition is distinct from the Guernsey filing process.^[1]

The Guernsey registration application is made to the Registrar by a Guernsey licensed fiduciary. Required filing materials include the charter, declarations about its accuracy and whether disenfranchised beneficiaries exist or are intended, proposed councillors' names and addresses with written consents, and the Guernsey registered office address. The filing also includes guardian and resident agent details where applicable, any fee, and other documents or information the Registrar requires.^[1]

After receiving the fee, documents and information, and if satisfied that the Law's requirements are met, the Registrar enters the foundation's name in the register and allocates a registration number. The foundation is established for purposes of the Law at that point.^[1]

Questions and answers

Related pages

• Topic guides
• Foundation Councils, Charters, and Rules
• Foundations and trusts: legal structure
• Panama Private Foundation Formation and Fees