PANAMA
FOUNDATIONS
History
of Panama Foundations
The Panama Private Interest Foundation is a type of entity that
is a cross-breed between a trust and a corporation, however, it
is neither. A Foundation is an entity that is different from any
other legal entity known in Anglo-saxon law because it is not
the legal personification of a person or group of persons (as
with a corporation), rather it is a legal entity that does not
have owners (share-holders, participants, or partners), and it
traditionally has a specific purpose for the benefit of a general
group of individuals.
The concept
of a "Foundation" began during the Roman Empire, under
the influence of Christianity. As an example, the Catholic Church
was considered a divine foundation, and the various sub-organizations
within the church had the legal control for administrating its'
patrimony. The original foundations were not created for serving
a private need for a specific individual or family, rather they
were formed for serving the needs of a community. Several centuries
later, the legal entity denominated as a "Foundation"
continues to exist and is widely used and accepted around the
globe for personal and private needs.
The concept
of a "Private Interest Foundation" began when the Principality
of Liechtenstein created the "Law of Persons & Companies",
the 20th of January, 1926 (Personen und Gesellschaft Recht - P.G.R.),
which created the "Family Foundation", (for the private
benefit of the members of one or more families) and the "Mixed
Foundation" (for the private benefit of not only families,
but also for other persons or institutions).
Historically,
wealthy families in Europe have established Family Foundations
incorporated in the Principality of Liechtenstein (a Neutral jurisdiction
for purposes of wars, etc.) for the purpose of estate-planning
necessities, to ensure the safe transition of assets to the family's
beneficiaries. Today, Liechtenstein Foundations can cost upwards
of US$25,000 to incorporate, and up to US$10,000 per year to maintain.
The Panama
Private Interest Foundation is a legal entity that was developed
based on the Private Interest Foundation models from three different
jurisdictions including the Principality of Liechtenstein, Switzerland,
and Luxembourg. The Panamanian Government carefully designed the
Panama Private Interest Foundation with the intentions of creating
a more modern, more flexible, and more affordable estate planning
vehicle for people from around the globe. The assets of the Panama
Private Interest Foundation take on a separate legal identity
from the personal assets of the Founder, Protector, Council, or
Beneficiaries.
The Panama
Private Interest Foundation offers clear advantages for international
estate planning, providing the ultimate in privacy, anonymity,
and protection to the Protectors, Founders, and Beneficiaries
of the Foundation. The Panama Foundation is a solution to a global
need for an affordable, anonymous, flexible, private, estate planning
vehicle that can be used to hold assets such as corporations,
trusts, bank accounts, investment accounts, real estate, or any
other type of asset.
A Panama Private
Interest Foundation comes into existence upon its registration
in the Public Registry. No approval from any public authority
is required. Law No. 25 of June 12, 1995 regulates Panama Private
Interest Foundations.