Fairway Madeira Trustee Services
Gain confidence knowing your legal and compliance obligations are fully supported with Fairway
With a local office in Madeira we are able to ensure a seamless process and compliance with all business queries within the International Business Centre (IBC).
Being in the same time zone as the UK facilitates seamless communication and coordination with colleagues, clients, and businesses based in the region. Madeira as a jurisdiction can offer a range of services, particularly through its International Business Centre (IBC), which includes the Industrial Free Trade Zone and International Services.
Trust and Fiduciary Services
At Fairway, we can support with the establishment and management of trusts within the International Business Centre of Madeira.
Key benefits of Fairway Madeira Trustee Services:
Integration of trusts into Portuguese‑adjacent planning
- Madeira allows international clients to integrate trust structures into Portuguese‑based planning arrangements while keeping the trust itself non‑resident.
Ability to use international trust structures in Portugal
- Clients can hold Madeira IBC companies through existing foreign trusts (such as Jersey, Guernsey, Cayman or other common law trusts) without the need for restructuring.
Tax efficient corporate structuring
- Trusts may own Madeira IBC companies that benefit from the reduced corporate tax regime, subject to applicable substance requirements.
- No Portuguese tax arises solely as a result of holding shares in an IBC company, as the trust is treated as a non‑resident shareholder for Portuguese tax purposes, provided offshore conditions continue to be satisfied.
- Important limitation: Foreign trusts cannot directly hold Portuguese‑situs assets or shares in ordinary Portuguese companies (such as Lda or SA entities). The Madeira IBC framework is the permitted channel for trust‑owned corporate structures, subject to offshore conditions.
Corporate Services
Legal Disclaimers and Compliance
Fairway can support with the inclusion of necessary legal disclaimers in documents, materials, and websites and adherence to the Portuguese Advertising Code and other relevant legal requirements.
Financial Services within the IBC, must follow strict EU-approved regulations and Portuguese law, whilst including oversight by the Bank of Portugal. The key legal and financial considerations include:
Substance requirements
To benefit from any tax incentives, businesses are required to create jobs and maintain local substance within the Autonomous Region of Madeira
Regulatory oversight
Entities are controlled by the Ministry of Finance and the Bank of Portugal.
Tax exemptions
Companies may benefit from a reduced corporate tax rate
Compliance
Failure to meet compliance requirements can lead to loss of any benefits that have been approved by the EU
Applicable fees
There are specific licensing fees which all entities in the Industrial Free Trade Zone are subject to.
Trademark Registration
Trademark registration in Madeira falls under the authority of the Portuguese Institute of Industrial Property (INPI), since Madeira is an autonomous region of Portugal. A Portuguese national trademark automatically provides protection across the entire country, including the mainland, Madeira, and the Azores.
Fairway can assist with all pre-registration searches and application process and completion.
Legal Services
Company Formation and Management
We can assist with the incorporation of various legal structures including S.A., Lda., branches and SGPS. We also ensure companies are compliant with local regulations with our ongoing management services.
Corporate Compliance
Strong compliance builds trust, safeguards an organization’s reputation, and helps prevent costly enforcement actions. We can support with annual return submissions, ensuring good corporate governance and adherence to local and international regulations.
Regulatory and Licensing Support
Securing the necessary regulatory licenses and registrations for regulated activities is a complex process that requires a clear understanding of the applicable requirements, supervisory expectations, and disclosure obligations. We can assist with in obtaining necessary licenses, consents, approvals and support with activities that require specific approvals, including IBC and MAR.
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