United States: onshoring the foundation: Wyoming and New Hampshire’s strategic innovation

Abstract The authors examine how Wyoming and New Hampshire “onshored” the civil law private foundation, adapting an offshore legal innovation to compete within U.S. wealth management and technology markets. Drawing on the historical trajectory of the limited liability company, the authors analyze how state-level legal entrepreneurship, institutional infrastructure, and market validation shape the diffusion of novel entities. They compare the two states’ distinct statutory architectures and strategic positioning, argue that federal tax uncertainty remains the primary barrier to widespread adoption, and explain how regulatory clarity could trigger rapid normalization and growth.