Trust Formation & Asset Protection Comparison
Updated time: Jul 30, 2018 , 17:56 (UTC+08:00)
| CIVIL LAW | TRUST | FOUNDATION |
| Original source law | Common law | |
| Registration with Registrar of Companies | No | Yes |
| Separate legal personality | No | Yes |
| Confidentiality | Records not available for public inspection | Records not available for public inspection except when authorised by Secretary of Foundation or FSC (Financial services Commission) |
| Constitutive document | Trust deed | Charter and articles (if any) |
| Secretary | No | Yes |
| Protector | Yes, may be designated | Yes, may be designated in the charter |
| Tax status | Tax exempt if non-resident | Tax exempt if non-resident |
| Redomiciliation | Allowed by change of trustee and proper law | Allowed |
| Asset ownership | Vested in trustee | Owns assets directly |
| Management of assets | By trustee | By council and officers |
| Duration | Up to 99 years for discretionary trust purpose. Trusts may have a perpetual duration. | Perpetual unless otherwise provided in the charter |
| Termination | Maybe revocable or irrevocable |
FSC*: Financial Services Commission.
Applicable by comparison for Mauritius, Seychelles, Belize and BVI.