DIFC & ADGM foundation establishment
Legal advice on DIFC and ADGM foundations for private wealth, ownership continuity and succession, including governing documents and implementation planning.
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Give the purpose, governance and ownership a coherent structure
A foundation has separate legal personality and differs from a trust relationship. Its suitability depends on the assets, the founder’s objectives and the governance arrangements intended to continue over time.
DIFC and ADGM provide distinct frameworks. The permitted purpose, roles, registration requirements and service-provider arrangements must be checked for the selected regime. Establishment is only one stage; transferring assets into the structure requires separate attention.
How the firm can assist
The firm can help assess the structure, review or prepare the legal instruments within the agreed mandate and coordinate implementation. Regulated company services, administration and tax advice are separately arranged where required.
- Define the purpose, beneficiaries and approach to control and distributions.
- Address council responsibilities, any guardian, reserved powers and succession to roles.
- Review asset contributions, third-party consents and cross-border implications.
- Objectives, proposed assets and existing ownership arrangements.
- Founder and beneficiary information at an appropriate initial level.
- Countries involved, existing wills and governance priorities.
An initial outline is enough. Detailed records can follow through a process agreed with the firm.
Questions clients often ask
Is establishing a foundation the same as transferring assets to it?
No. Each asset may require its own transfer, registration, consent or financial review. The implementation plan should identify those steps explicitly.
Does the firm act as the foundation’s registered service provider?
The offered service is legal advisory work. Any required registered company service provider or administrative appointment is a distinct role to be arranged with an appropriately authorised professional.
Define the mandate
Clarify your objectives, the jurisdictions involved and any immediate deadline.
Review the legal position
Examine the relevant documents and identify the decisions requiring advice.
Agree the next steps
Set out the work, professional responsibilities and practical sequence.
Experience with a personal point of contact
Hyam El Hachem is an Attorney at Law with the Beirut Bar Association. Following her training at Awada Tyan Law Firm, she established her own firm in 1996 and expanded her practice to the UAE in 2005.
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