News

Established for the purposes of assuming the role of mother
company to the Kaizen Group and its global affiliate companies, ensuring the
intergenerational operation and expansion of the Kaizen Group in perpetuity,
together with holding and managing its subsidiaries, licensees and assets.  To learn more about the Kaizen Group, please
go to www.kaizen.com

The
legal matter

Established in 1985, Kaizen Institute, Ltd. (commercially
known as ‘Kaizen’ or ‘Kaizen Institute’ (“KI”) is a global organization
that provides consulting, training and education, and qualification services to
companies around the world, while KI operates within Europe, the Americas, Asia-Pacific,
Middle East, and Africa. KI helps their clients master their ‘GEMBA™’ (the place where value is created),
establishing Continuous Improvement (CI aka: KAIZEN™) capabilities throughout the organization. KI supports
companies of all sizes and sectors, as well as private and public service
organizations.

With a view to ensuring the operations, growth and success
of KI across future generations, KI approached BSA seeking assistance in the
establishment of a Foundation as a means of protecting the KI’s legacy and its
goals.  Bradley Moran worked closely with
KIs leadership to navigate and understand their business needs, long term goals
and Foundation intentions to customize their Charter and By-Laws, while guiding
them in the establishment of the Kaizen Foundation from start to finish.

What
are Foundations

Foundations have become a popular option in such contexts
whereby they are well suited for succession planning. Unique to a Foundation is
that it operates as an orphan structured independent legal entity with no
shareholders. The Foundation’s founder bestows assets (being anything from
group companies, property, personal assets and funds) to the Foundation, and
given its fully fledged legal status, it can and will hold the legal title to
those assets in its own name separately from the founder, any group company and
any beneficiaries of an individual owner in the group. The Foundation, its
assets and group companies, are then governed and managed by the Council of
Members (equivalent to a board of directors for a company) and Guardian (where
desired or necessary) in accordance with the Charter and By-Laws which are
bespoke drafted to reflect the intentions of the founder.

Foundations offer a unique opportunity to develop and
establish an entity that operates like a company, has the functions of a trust
and takes on the personal vision of an individual.

With their ability to offer the protection of an
independent legal entity and legally own, safeguard, manage and distribute
assets (like a trust) whilst being governed through a council of members (the
board of directors) together with the flexibility to tailor into the
constituent documents (the Charter and By-Laws) the personal wishes, goals and
agenda of the founder a Foundation presents a special and exciting opportunity
to establish truly unique entities and assist in the protection of legacies.

Bradley Moran said of the matter: “It’s been an
entertaining and challenging experience tailoring the Foundation to the
personal long-term goals of KI and rewarding to see it come to fruition”