How do I establish a Dutch foundation?
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Detailed explanation, checklist and sources
Start with purpose, board and funding. A stichting has no members and is established through a notarial deed, possibly by will. A personal plan or registration alone does not replace the deed.
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1. Is a foundation suitable?
A foundation is a separate legal person without members. Its board acts within its articles. You may establish it alone or jointly; a legal entity can be founder too. If you want members with decision-making power, compare an association. Profit is possible but serves its purpose, not distributions of profit to founders or directors.
2. Purpose, income and expenditure
Describe the purpose clearly without unnecessary restriction. Budget donations, grants, gifts or other income and permitted spending. Discuss reasonable expenses/time payments and employees separately; ANBI charitable status has separate requirements and is not automatic.
3. Board and supervision
Choose directors and define appointment, terms, removal, joint or individual signing, banking and supervision. Address conflicts of interest and replacement during absence under WBTR. On a multi-person board, one director cannot have more votes than all others combined. A board role does not authorise unrestricted personal control of funds.
4. Notarial deed and costs
Take your purpose, directors' details, budget and unresolved choices to the notary. Have articles and draft deed explained, including asset destination on closure. Request a quotation for advice, deed, registration and language assistance. The deed is in Dutch or Frisian; understand what you sign. Later article amendments need another notarial deed.
5. Trade Register and UBOs
Agree who handles Trade Register and UBO registration, normally the notary. Check confirmation, KVK number and registration charge. Before Trade Register registration, directors can be personally liable for legal acts made for the foundation. Keep directors' and representation details current; later changes are not automatically handled by the notary.
6. Ongoing administration
Separate foundation funds and keep accounts. Prepare a balance sheet and income/expenditure statement within six months of year-end; larger businesses may have additional duties. Check VAT, payroll and corporate taxes: foundation status is not tax exemption. Arrange eHerkenning if needed for returns. Improper management can create personal liability; discuss insurance and seek review of difficult decisions.
Is every foundation automatically an ANBI?
No. ANBI status requires a separate tax assessment and conditions. A deed or KVK registration is insufficient. Do not automatically promise donors tax benefits.
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- Purpose and foundation/association choice
- Budget and spending within purpose
- Board, terms and signing powers
- Supervision, conflicts and replacement
- Notary quote, deed and understanding
- KVK/UBO, accounts and tax review
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Notaris · Doel stichting ↗Notaris · Voorbereiding stichting ↗Notaris · Oprichting stichting ↗Notaris · Bestuur stichting ↗KVK · Stichting inschrijven ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.