Global Asset Protection Through DIFC Foundations
A DIFC Foundation is one of the most effective structures available in the UAE for long-term wealth planning, asset protection, and legacy structuring. Backed by common law and administered within a globally respected financial centre, it offers clarity, control, and continuity for families and businesses with international interests.
Why DIFC Is One of the World’s Most Trusted Financial Jurisdictions
What Is a DIFC Foundation?
- Asset protection
- Succession and inheritance planning
- Tax and estate planning
- Asset management
- Corporate and investment structuring
- Philanthropic and public interest purposes
Primary Features of a DIFC Foundation
- Separate legal personality
- Flexible governance structure
- Ability to hold assets globally
- Strong privacy and confidentiality protections
- Common law framework
- No residency requirement for Founders or officers
These features make DIFC Foundation Setup particularly attractive for international families and cross-border holdings.
Benefits of Setting Up a DIFC Foundation
Asset Protection
Assets held personally remain exposed to creditor claims and third-party risks. Once transferred into a DIFC Foundation, assets are legally separated from the Founder, offering a strong layer of protection.
Privacy
Founders and Beneficiaries are not publicly disclosed. Their names do not appear on land registries, title deeds, or company registers, significantly limiting external exposure.
Tax Planning
For families with assets in multiple jurisdictions, DIFC Foundations support efficient structuring aimed at minimising inheritance-related taxes and facilitating intergenerational transfers, subject to applicable laws.
Succession Planning
A Foundation allows the Founder to clearly define how assets are managed and distributed over time, ensuring continuity and adherence to long-term intentions.
Advantages of a DIFC Foundation Structure
- Independent DIFC Courts operating under English common law.
- Ability to hold shares, bank accounts, real estate, aviation assets, and investments worldwide.
- Can contract, sue, and be sued in its own name.
- Redomiciliation in and out of DIFC permitted.
- Governance structures can be amended over time.
- Initial asset contribution from as little as USD 100.
- No physical office requirement (registered agent address permitted).
- No UAE residency requirement.
- Individuals or corporate bodies may act in all key roles.
- Limited public disclosure.
- No requirement for annual filings, audits, or accounts.
Secure your assets and plan for the future with a DIFC Foundation. Contact Elevate today for expert guidance and effortless registration.
Holding Real Estate Through a DIFC Foundation
Transfer Fee Benefit
In qualifying cases where beneficial ownership remains unchanged, the property transfer fee may be reduced from 4% to 0.125%.
Designated Areas Include
Downtown Dubai, Business Bay, Dubai Marina, Palm Jumeirah, Jumeirah Lakes Towers, Emirates Hills, Arabian Ranches, Burj Khalifa, Meydan, Dubai South, Dubai Investment Park, Jumeirah Village, and other approved locations.
DIFC Foundations as Shareholders
DMCC
JAFZA
Other UAE free zones
DIFC Foundation Setup Process
- Document collection and KYC for the Founder, Council Members, and Guardian
- Drafting customised Foundation Charter and By-Laws
- Registered address finalisation (physical office or Registered Agent)
- Submission to the DIFC Registrar of Companies
- DIFC review and regulatory clarifications
- Final approval and incorporation
- Post-setup services including bank account opening and visas, where applicable
DIFC Legal System
DIFC Foundation
- Separate legal entity
- Holds legal and beneficial ownership
- Can contract and litigate in its own name
Trust
- Not a separate legal entity
- Trustees hold legal title
- Beneficiaries hold beneficial ownership
- Trustees contract and litigate personally
Key Parties to a DIFC Foundation
Founder
Transfers assets into the Foundation and may retain reserved powers.
Council Members
Perform a role similar to company directors, managing the Foundation in line with its Charter and By-Laws.
Guardian
Oversees the Council and safeguards the Foundation’s purpose. Mandatory for charitable foundations and after the Founder’s death.
Beneficiaries
Individuals or entities entitled to benefit from the Foundation’s assets. The Founder may also be a beneficiary.
Registered Agent Requirement
Role of a Registered Agent
- Foundation setup and administration
- Drafting and filing legal documents
- Registered address provision
- Compliance and AML services
- Accounting and secretarial support
Naming Requirements
The Foundation’s name must end with the word “Foundation” and comply with all DIFC naming regulations.
Set up your DIFC Foundation on a framework built to last. Elevate Accounting & Auditing provides hands-on support across regulatory and ongoing compliance matters.
Using a DIFC Foundation for Legacy and Wealth Planning
Charitable and Philanthropic Use
Compliance and Regulatory Matters
- Economic Substance Regulations (ESR): Not applicable to DIFC Foundations
- Sharia Compliance: Foundations may apply Sharia principles to governance and asset distribution
Visas and Employment
A DIFC Foundation may apply for residence visas and work permits only if it leases physical office space.
- Approximate allocation: 100 sq. ft. per visa
- Establishment Card required
- Personnel Sponsorship Agreement required
DIFC DEWS (Employee Benefits)
DIFC’s Defined Contribution Workplace Savings Plan replaces traditional gratuity arrangements and offers a globally aligned employee benefits framework.
Cost of DIFC Foundation Setup
The following is a transparent overview of the DIFC Foundation setup costs and recurring expenses.
| FEE TYPE | AMOUNT (USD) | FREQUENCY / NOTES |
|---|---|---|
| Registration Fee | $0 | One-time, no setup cost |
| Annual Operating License Fee | $350 | Payable on registration and yearly |
| Data Protection Notification | $750 | One-time |
| Data Protection Renewal | $250 | Yearly |
| Confirmation Statement | $300 | Yearly |
| Knowledge and Innovation Fee | $5.45 | Standard regulatory charge |
| FEE STAGE | APPROXIMATE COST (USD) |
|---|---|
| Year 1 Fees | $200 |
| Annual Renewal Fees | $500 |
How Elevate Accounting & Auditing Can Help?
- DIFC Foundation Company Formation and structuring
- Customised Charters and By-Laws in collaboration with Legability
- Registered address services
- Nominee Council Members and Guardians
- Ongoing administration and compliance
- International DIFC Foundation Advisory Services, including Luxembourg structures
