Foundation

Foundation

Establish a foundation

You can only establish a foundation by notarial deed or last will. The foundation is a legal entity. This means that the foundation has full legal capacity and independently bears rights and obligations.


Deed of incorporation

An association must be founded by at least two individuals. An association can be established either informally or through a notarial deed. In the case of an informal establishment, the association's formation occurs through a verbal agreement or through a private document. For establishment through a notarial deed, you need to visit a notary. The choice is up to the founders. However, there are differences in legal consequences between establishing through a notary and through an informal document.

Deed of incorporation

In a deed of incorporation (as required by law) the articles of association have to be included. The civil-law notary shall at least include the following in the articles of association:

  • The name of the foundation, where the word ‘Foundation’ shall form part of the name;
  • The Dutch municipality where it has its registered office;
  • The purpose of the foundation;
  • The manner in which board members are appointed and dismissed;
  • The designated use of the positive bank balance on dissolution or the manner in which this designated use is determined.


The articles of association shall also include the obligations and duties of the board.

Distributions

The distributions of an association shall be to the benefit of the idealistic or social purpose. A foundation cannot make distributions to its founders or to parties forming part of the foundation’s bodies (such as the board). The board members can be compensated for their expenses or time spent (provided this is realistic).

Verification

The deed shall be drawn up in Dutch and the civil-law notary shall verify that the aforementioned requirements have been complied with.

Request a quotation
9.2
1275 reviews

Please contact us for more information

If you have any question, please do not hesitate to call with one of our specialists during our office hours. You can reach us by phone via (040) 244 88 55 (Eindhoven) or (040) 283 13 03 (Nuenen).

Of course you could also reach out to us by filling in our contact form. We would be happy to help you and advise you on the best solution for your personal situation.

Celine Lardenois

Reviews

1275 unique reviews are already placed by our customers!
9.2
Customer satisfaction is measured independently and objectively by The Feedback Company
Anoniem
Posted on November 30, 2024
Experience

Profesioneel en duidelijk

Acquired service

Marks Wachters Notarissen Particulier Familie Relatie

Would you recommend Marks Wachters notarissen?

Ja

Erik Borghouts
Posted on November 21, 2024
Experience

Uitermate tevreden. Ik kan niets noemen waar ik verbeteringen zie.

Acquired service

Marks Wachters Notarissen Particulier Schenken Erven

Would you recommend Marks Wachters notarissen?

Ja

Particulier
Posted on November 20, 2024
Experience

Duidelijk overtuigend en behulpzaam.

Acquired service

Marks Wachters Notarissen Particulier Advies

Would you recommend Marks Wachters notarissen?

Ja

9.2

Achieved by
1275 reviews

View more reviews