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RAK ICC Registered Agent No. 0122

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Trusts & foundations

Wealth & structuring

Trusts & foundations

Protect family wealth, plan succession and hold assets in a structure built to last. We design and establish trusts and foundations across the UAE’s leading common-law and offshore jurisdictions.

At a glance

Jurisdictions

DIFC · ADGM · RAK ICC

Purpose

Succession & protection

Legal basis

Dedicated trust & foundation laws

Privacy

Confidential structures

Overview

Why use a trust or foundation?

Assets held in your personal name can be frozen on death, divided under default inheritance rules or become the subject of family disputes. A trust or foundation separates ownership of assets from you as an individual, and sets out in advance who benefits, who makes decisions and what happens when you are no longer here.

In the UAE, DIFC and ADGM offer modern foundation and trust laws built on common-law principles, and RAK ICC offers a cost-effective foundation regime. Foundations have become especially popular in the region because they are a registered legal entity, which banks and families from civil-law countries find familiar.

A structure can hold shares in family companies, real estate, investment portfolios and bank accounts, often through underlying holding companies. The founder can keep defined powers during their lifetime, while the structure provides continuity for the next generation.

Under UAE corporate tax, a qualifying family foundation can apply to be treated as tax transparent, so it is not taxed separately from its founders and beneficiaries. We review this for every structure we design.

Key advantages

Continuity on death, avoiding asset freezes

Succession rules set by you, not by default

Personal and business assets kept separate

Beneficiary details kept confidential

Global assets consolidated under one structure

Can be designed to respect Sharia principles

Who it is for

What families use them for

01

Succession planning

Pass wealth to the next generation in the shares and at the times you choose, without lengthy court processes.

02

Family business continuity

Keep control of the family company together, with clear rules on voting, dividends and who can join the business.

03

Holding Dubai property

DIFC foundations can hold property in Dubai’s designated freehold areas, keeping title out of personal names.

04

Asset protection

Separate family wealth from business risks and personal claims, within the limits of the law.

05

Philanthropy

Charitable and purpose foundations support causes you care about, with governance that lasts beyond your lifetime.

06

Investment holding

Consolidate portfolios, bank accounts and holding companies across several countries under one structure.

What we handle

Structures that protect what you have built.

Structure design

We map your family, assets and goals before recommending a vehicle.

Foundation charter & by-laws

Drafted to reflect your wishes and governance.

Trust deeds

Trust instruments prepared with licensed legal partners.

Council & guardians

Professional council members and guardians where needed.

Underlying companies

Holding companies to own property, shares and investments.

Ongoing administration

Registers, filings and annual compliance handled.

Options

Structures we establish

DIFC Foundation

Foundation

A recognised, bank-friendly vehicle for family wealth.

Price on application

DIFC Trust

Trust

Common-law trusts under DIFC trust law.

Price on application

ADGM Foundation

Foundation

Flexible foundations under English common law in Abu Dhabi.

Price on application

RAK ICC Foundation

Foundation

A cost-effective foundation through our registered agent licence.

Price on application

Private trust company

Trustee

Your own trustee company to keep control within the family.

Price on application

Compare

Foundation or trust?

Both protect and pass on wealth, but they work in different ways. Foundations are usually the first choice for families in the region.

Foundation

Trust

Legal status

A separate legal entity

A legal relationship, not an entity

Who holds the assets

The foundation itself

The trustees, for the beneficiaries

Governing documents

Charter and by-laws

Trust deed and letter of wishes

Who manages it

A council

Trustees

Oversight

A guardian, required in certain cases

An optional protector

Registration

Registered with DIFC, ADGM or RAK ICC

Usually not on a public register

Familiarity for banks in the region

High, similar to a company

Lower, especially for civil-law families

Compare

Where to establish a foundation

We establish foundations in all three UAE regimes. As an approved RAK ICC registered agent, we incorporate RAK ICC foundations directly.

DIFC

ADGM

RAK ICC

Legal framework

DIFC Foundations Law 2018

ADGM Foundations Regulations 2017

RAK ICC Foundations Regulations

Registered office

Registered agent in DIFC

ADGM-licensed service provider

RAK ICC registered agent (Emford)

Best suited to

Dubai families and Dubai property

Abu Dhabi families and English-law preference

Cost-conscious and internationally held assets

Relative cost

Higher

Higher

Lower

Costs explained

What your total cost is made of

Every quote we issue is itemised, with government and third-party fees shown separately from our own professional fees.

Registration and annual licence

Set by DIFC, ADGM or RAK ICC

Government

Price on application

Registered agent or service provider

Statutory address and filings each year

Emford

Price on application

Charter, by-laws or trust deed

Drafted with licensed legal partners

Emford

Price on application

Professional council member or guardian

Optional, depending on your design

Emford

Price on application

Underlying holding companies

If assets are held through companies

Emford

Price on application

Asset transfer costs

For example property transfer or bank fees

Third party

Price on application

How it works

Four clear steps, one point of contact.

01

1–2 weeks

Family & asset review

We understand your family and what you own.

02

2–3 weeks

Design

Vehicle, governance and beneficiaries agreed.

03

1–3 weeks

Establishment

Documents drafted and registered.

04

Ongoing

Administration

Ongoing management and transfers of assets.

Key considerations before you start

Points we review with every client before recommending a structure.

Moving assets into the structure

Transferring property, shares or accounts may involve fees, lender consent or bank checks. We plan the transfers so nothing is left in your personal name by mistake.

Tax in every relevant country

Your tax residence and that of your beneficiaries can affect how the structure is taxed abroad. We work with your tax advisers in each country.

Sharia and inheritance rules

Structures can be designed to respect Sharia succession principles. We recommend agreeing the approach with your family and religious adviser.

Keeping it up to date

Births, marriages, deaths and business changes may require updates to the by-laws or beneficiaries. We review structures with you regularly.

After setup

Ongoing obligations we manage for you

Setting up is only the start. These are the recurring requirements that keep your structure valid and in good standing.

Annual licence renewal

With DIFC, ADGM or RAK ICC

Registers and beneficial owners

Maintained and filed as required

Council meetings and minutes

Decisions properly made and recorded

Corporate tax position

FTA registration or transparency application

Accounts and records

Proper records of assets and distributions

Periodic structure review

By-laws and beneficiaries kept current

What you will need

Typical documents. Your specialist confirms the exact list for your case.

Passport and proof of address of founder

Details of beneficiaries

Source of wealth evidence

Schedule of assets to be held

Family tree or structure chart

Why clients choose Emford

Licensed by DMCCA as a Corporate Service Provider (DMCC-211871)

Approved RAK ICC Registered Agent No. 0122

Forming companies and structures since 2012

One dedicated advisor from setup to renewal

Frequently asked questions

Trust or foundation: what is the difference?

A foundation is a legal entity that owns assets itself. A trust is a relationship in which trustees hold assets for beneficiaries. Foundations are often preferred in the UAE because banks and civil-law families find them familiar.

Can a foundation hold UAE property?

Foundations can hold shares and assets, including UAE real estate where the relevant rules permit. We confirm for your specific assets.

Can structures follow Sharia principles?

Yes. Structures can be designed to accommodate Sharia succession principles, working alongside your religious and legal advisors.

Do I lose control of my assets?

Not necessarily. Founders commonly keep defined powers, such as approving distributions or appointing council members, while the structure owns the assets.

Is a foundation taxed in the UAE?

A foundation can be a taxable person, but a qualifying family foundation can apply to the Federal Tax Authority to be treated as tax transparent. We assess eligibility for your structure.

How long does it take?

Most foundations are established within a few weeks once documents are agreed. Transferring assets into the structure can take longer, especially for property and bank accounts.

Can non-residents set one up?

Yes. You do not need to live in the UAE to establish a DIFC, ADGM or RAK ICC foundation.

Related services

Talk to a specialist today

Free, no-obligation consultation with a clear, itemised quote.

Visit us

Our office in JLT

Address

Unit 1402-34, Swiss Tower, Cluster Y

Jumeirah Lakes Towers, Dubai, UAE

Office hours

Monday to Friday, 12pm – 8pm

Closed Saturday and Sunday

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Emford Global · Swiss Tower

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Cluster Y, Jumeirah Lakes Towers