Updated 13.08.2026
Legal structures · Private foundations
A private foundation in CuraçaoDutch law in the Caribbean
Curaçao is part of the Kingdom of the Netherlands with a tax system of its own. The SPF private foundation here is built on Dutch law but costs what a Caribbean structure costs. A compromise between the reputation of the European legal tradition and a sensible budget.
- The Dutch legal tradition without the European sanctions restrictions
- We say plainly where Curaçao falls short of Liechtenstein
- We prepare the source-of-funds file before the establishment
The guide figures depend on the composition of the assets, the number of beneficiaries and the bank’s requirements. The exact quotation for the set-up and the annual upkeep is fixed before the agreement.
Applicability
Is Curaçao the right structure for your task
01 Main purpose
02 Assets
03 Beneficiaries
04 Bank account needed
The selector does not give a legal opinion: applicability is confirmed after the analysis of assets, family and tax residence.
The structure
What a Curaçao foundation is
The Stichting Particulier Fonds is a private foundation under the law of Curaçao, an island within the Kingdom of the Netherlands. A legal person without members: it owns assets and distributes them under its charter. The legal base is Dutch, the tax system is its own.
The stichting has existed in Netherlands law for centuries: the concepts, the procedures and the judicial reasoning are familiar to European lawyers.
The upkeep costs appreciably less than a European foundation for a comparable legal construction.
Curaçao is not in the European Union and does not apply the EU sanctions restrictions by citizenship.
The foundation may hold shareholdings, portfolios, accounts and intellectual property, and act as the holder of family property.
Fit
Applying the structure: when it fits and when it does not
A plain filter.
- You need European legal reasoning without the EU sanctions restrictions
- A budget between the Caribbean and the European level
- The task is succession and consolidating the family’s assets
- The assets are shareholdings, portfolios and accounts outside the European Union
- The reputation of the legal tradition matters, not only the price
- You need an account with a first-tier European bank: look at Liechtenstein
- The priority is the maximum protection from creditors: the Cook Islands and Nevis trusts are stronger
- Commercial activity inside the foundation is required: the regime does not allow it
- A dispute has already begun: a late transfer can be set aside
Roles
The legal structure and the governing bodies
The civil-law model: the organs of a legal person instead of trust roles.
Transfers the assets and approves the charter. After the transfer they do not own them personally.
The governing body: decisions on the assets and the distributions strictly within the charter.
The controlling figure: approving key decisions, changing the composition of the council.
The family, the children, you yourself. They receive distributions under the charter; the names are not published.
Protection
The legal limits of using the structure
The strengths together with the limits.
The property belongs to the foundation: it does not form part of the founder’s estate and is not divided on divorce.
The concepts and procedures are familiar to European lawyers and notaries — fewer questions in a cross-border succession.
Capital passes under the foundation’s rules, bypassing inheritance disputes.
The jurisdiction is outside the European Union: Russian or Belarusian citizenship does not by itself close the door.
The limits we state plainly: the structure does not protect against claims that arose before the assets were transferred — such transfers can be set aside. It does not cancel the tax obligations of the founder and the beneficiaries and does not make assets invisible: the exchange of information and the duty to declare both operate. Criminal proceedings, sanctions regimes and maintenance lie beyond what any structure can do. Anyone who promises otherwise is misleading you.
Prices
The options for the structure and the cost
The «from» prices are for a standard structure with a confirmed source of funds. The exact quotation is fixed by the agreement.
from $11,500
Annual upkeep: upkeep thereafter from $6,000 a year
Consolidating the family’s assets in a legal environment people can follow
Included
- Design and the foundation charter
- Registration of the Stichting Particulier Fonds
- The foundation council and the agent — the first year
- The rules for distributions
- Government fees
from $16,000
Annual upkeep: upkeep thereafter from $8,000 a year
The assets are held by an underlying company
Included
- Everything in the «Foundation» package
- A company to hold the assets — formation and the first year
- The structure for holding the shareholdings
- The corporate documents
from $22,000
Annual upkeep: upkeep thereafter from $10,000 a year
The complete circuit with a bank and a succession plan
Included
- Everything in the «Foundation + company» package
- The protector: the control arrangement and the by-laws
- The source-of-funds file
- Choosing the bank and opening the account
- A plan for distributions and succession
The package does not include the bank’s own charges, legal work in the countries of the assets when real estate and shareholdings are transferred, or a professional controller if you want one.
What drives the quote
The factors that affect the cost of the project
The packages cover the standard tasks. Here is what moves the budget — and it is counted before the agreement, not after.
Accounts and portfolios are simple. Real estate and shareholdings require lawyers in the countries where they are held.
Every country of assets adds a check and the formalities of the transfer.
Capital from several sources over a long period takes longer to assemble.
Banks differ in what they require: for some the basic pack, for others an extended one.
In the quotation we separate our own fee, the administrator’s fees and the government charges. The total is fixed by the agreement — there are no charges beyond the quotation.
Cost of ownership
The cost of the structure over three years
A structure costs money not only when it is created: administration, reporting and bank compliance recur every year.
- Creating the structure and the documents
- Registration and government fees
- Opening the structure’s bank account
- The first year of administration
- Administration of the structure
- Reporting and mandatory notifications
- Bank compliance and the KYC refresh
- Support of distributions to beneficiaries
- Administration of the structure
- Reporting and mandatory notifications
- Bank compliance and the KYC refresh
- A review of the structure as circumstances change
What each year contains depends on the jurisdiction, the assets and the bank’s requirements. We prepare the three-year calculation together with the set-up quotation — before the agreement.
Tax
Taxation, reporting and disclosure
A foundation without commercial activity is not subject to Curaçao profit tax. Your own obligations are determined by your country of tax residence.
The exemption applies on condition that the foundation carries on no business — it only holds and distributes assets.
A foundation is a foreign structure: participation is declared, and where there is control the CFC rules apply.
Curaçao takes part in the automatic exchange: data on accounts goes to the beneficiaries’ country of residence.
Information on the beneficiaries is held in a closed register, with access for the competent authorities.
We do not build arrangements to conceal income and we do not work with funds whose origin is not evidenced by documents.
Banking
The banking infrastructure of the foundation
Banks take Curaçao more calmly than the classic offshore centres, but preparation is still needed.
The UAE, Switzerland, Singapore, Caribbean banks — depending on the profile of the assets.
Who the founder and the beneficiaries are, where the capital came from, the purpose of the structure.
A complete chain for every source — the basis of the approval.
We choose the bank before the establishment: we confirm it is willing in principle, then register the foundation.
A refusal by a bank is not the end: we work out the reason and go to the next one with the file corrected. No one guarantees approval, and neither do we.
Documents
Documents and information for the establishment
We assemble the pack once — the same pack goes to the administrator and to the bank.
- 01Personal documents Passports and proof of address: the founder, the foundation council, the beneficiaries.
- 02The source of the capital Sale agreements, bank statements, dividend resolutions, tax returns.
- 03The list of assets What is going into the foundation: accounts, portfolios, real estate, shareholdings — with the title documents.
- 04Tax residence The countries and the taxpayer numbers of every party: the notifications and the reporting depend on them.
- 05The rules for distributions Who receives funds, when and on what conditions — these rules go into the foundation’s charter.
- 06Current obligations Claims, debts, guarantees and disputes: they determine whether the protection works at all.
No documents are needed at the first consultation — we work through the task in words.
Comparison
Compare Curaçao with other structures
| Curaçao | |
|---|---|
| Setup | from $11,500 |
| Annual | upkeep thereafter from $6,000 a year |
| Timing | 3-4 weeks |
| Typical use | You need European legal reasoning without the EU sanctions restrictions |
Select up to two jurisdictions above. A detailed legal comparison is prepared for the specific task.
Process
The stages of establishing the structure
From the review of the task to a finished structure with an account.
What is being consolidated or protected, who the beneficiaries are, whether there are current disputes. We say plainly whether the structure is needed at all.
1-2 daysThe charter, the organs, the rules for distributions, the controller’s powers, the composition of the assets to be transferred.
3-5 daysIdentity documents and source-of-funds evidence for the administrator and the bank.
1-2 weeksThe constitutive documents, the appointment of the officers, registration.
3-4 weeksMoving the assets into the structure with correct formalities in the countries where they are held.
Opening the structure’s account and setting the rules for the work that follows.
Comparison
Curaçao against the alternatives
The main parameters side by side, so that the choice is an informed one.
| Curaçao | Panama | UAE · RAK | Liechtenstein | |
|---|---|---|---|---|
| Legal tradition | Dutch | Civil law | Common and local law | Civil law |
| How banks treat it | Moderately | With reserve | Well | Excellently |
| Access for Russian citizens | Open | Open | Open | Only with EU residence |
| Establishment | 3-4 weeks | 2-3 weeks | 2-3 weeks | 4-6 weeks |
| Cost from | $11,500 | $8,500 | $9,500 | $28,000 |
The comparison is as at the date the page was updated; whether it applies to your case is confirmed once the profile has been reviewed.
FAQ
Questions and answers
It is a jurisdiction with a preferential tax regime for holding structures, but one within the Kingdom of the Netherlands and with a Dutch legal base. It takes part in the automatic exchange of information and is not on the EU «black» lists.
In the Dutch legal tradition and in banks being more relaxed about it. Where it is worse is the price: the upkeep is roughly a third higher than Panama’s.
Yes, the jurisdiction does not apply the EU sanctions restrictions by citizenship. The requirement is a transparent and documented origin of the capital.
No. The SPF regime applies on condition that the foundation only holds and distributes assets. For commercial activity a separate company is set up under the foundation.
No, the establishment is handled remotely. A visit in person may be needed to open particular bank accounts.
From $6,000 a year: the foundation council, the agent, keeping the registration in good standing. With a company and an account it is higher. The exact figure is in the quotation before the agreement.
Related
Related areas of practice
Calculation
Structure and budget: Curaçao
Describe the assets, the family and the task. We will come back with the applicable structure, the setup budget and the annual upkeep.
A structure does not cancel existing creditor claims or the tax obligations of the settlor. Where the task cannot be solved lawfully, we say so before the engagement.