Seychelles Trust Formation

DeltaQuest offer comprehensive trust services to support individuals and corporate entities in setting up and managing a Seychelles trust in accordance with the relevant trust laws and regulations. We will provide advice and guidance with all areas of your Seychelles trust formation, from the initial application process, to the set up an administration of your Seychelles trust.

In order to proceed with the formation of the Seychelles trust, please complete our Trust Application Form.

Conditions for a Seychelles Trust Formation

Legal form: In setting up a Seychelles trust, the trust will be regulated by the International Trust Act 1994, and the trust must comply with all International Trust Act stipulations. A Seychelles trust has a standard perpetuity of 100 years, however this does not apply to Purpose and Charitable Trusts. Assets may include shares, debentures or any interest in a foreign entity, Seychelles IBC, CSL, Foundation or other Trust as well as Seychelles Government securities and accounts with banks in Seychelles.  Re-domiciliation of a foreign trust into Seychelles is accepted. The trust property may not include any Seychelles movable or immovable property.

Settlor: The settlor is the individual who has chosen to set up the trust. The settlor may not be a Seychelles citizen or resident. Once a trust is created the settlor will have transferred legal ownership of the trust assets to the trustees. The settlor may be a beneficiary and, in certain circumstances, he may also act a co-trustee. The settlor may also retain a degree of control over the trust, such as the power to approve distributions, the power to appoint and remove trustees and the power to revoke the trust. However the settlor may not simultaneously be a sole trustee and a sole beneficiary.

Protector/Guardian: The appointment of a protector or guardian must be provided for in the trust deed. The protector ensures that all management of the trust is correctly administered by the trustee. Powers such as appointment/removal of trustees and rights to amend the trust deed reserved to the protector/guardian must be clearly indicated in the deed.

Trustees: The trustee is the person or persons who manage and administer the trust. There must be at least one Seychelles resident trustee at all times. Trust services in Seychelles may only be provided by licensed and regulated trustees. The trust may have one or more individual or corporate co-trustees who may be resident in the Seychelles or elsewhere. The settlor may be a trustee but not the sole trustee.

Beneficiaries:  The beneficiaries are the persons who directly benefit from the formation of the trust. The settlor or trustee may be a beneficiary, but not the sole beneficiary. The beneficiary must be referred to by name or ascertainable by reference. The identities of the settlor or beneficiaries of a Seychelles International trust remain confidential, as the trust deed is not publicly filed. Disclosure of any information in relation to an international trust is strictly prohibited by the law.

Taxation:Seychelles trusts are completely exempt from business tax, withholding tax, capital gains tax and stamp duty in the Seychelles.

Public filings: A Seychelles trust must file a ‘trust declaration’ to the respective authority declaring that the settler is not a resident of the Seychelles, the trust property does not include immovable property in the Seychelles and that all other material aspects of the trust are in compliance with the Seychelles International Trusts Act. There is no requirement to file any returns or accounts although the trust must maintain accounting records.

Time needed for formation: Trusts can usually be formally established and registered within a few days.

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