Stichting
A Stichting (foundation) is a Dutch legal entity with limited liability, but no members or share capital, that exists for a specific purpose.[1]
Formation
A Stichting is a legal person created through a legal act. This act is usually either a notarised deed (or a will) that contains the articles of the foundation which must include the first appointed board. No government authority is involved in the creation or authorization of a foundation. It acquires full legal capacity through its sole creation. A foundation has no members and its purpose must be stated in its articles, using capital dedicated to such goal. The foundations are defined in the Dutch Civil Code (Burgerlijk Wetboek), Boek 2 Art 285-304. It is not necessary in the Netherlands that a foundation serves a purpose of general interest, but its official goal cannot include making payments to anybody, except for charitable causes. A foundation is governed and represented by a board that is responsible for the foundation's administration. The board does not have a requirement for specific number of members.
Art. 2:289 of the Civil Code establishes that all foundations must be registered in the Register of Commerce or "Kamer van Koophandel". Commercial activities are allowed if they are within the purpose of the foundation and are taxed. Board members can be held liable for the foundation, civilly as well as criminally.
The Dutch Tax Service can declare an institution to be an "institution for general benefit" (algemeen nut beogende instelling, ANBI), with tax benefits. Often, but not necessarily, this is a foundation. Conversely, not every foundation qualifies.
Examples
- Cornelis Kruseman Stichting - purpose: bring the work of painter Cornelis Kruseman (1797-1857) to the attention of the public
- Stichting Museumjaarkaart - purpose: promote visits to Dutch museums
- Nederlandse Omroep Stichting - purpose: make news and sports programmes for the three Dutch public television channels and the Dutch public radio services
- P2P Foundation that promotes peer to peer networking and action research.
- Stichting FERN - purpose: promote greater environmental and social justice, focusing on forests and forest peoples’ rights
- Stichting Talent-aid International - purpose: promote and support artists, composers and performers mainly via the internet.
- Stichting INGKA Foundation - purpose: promote and support innovation in the field of architectural and interior design
- Stichting Max Havelaar - purpose: the Dutch member of Fairtrade International
- Stichting Pensioenfonds ABP - pension fund for the government and educational sectors
- Stichting Pensioenfonds Zorg en Welzijn - pension fund for the healthcare and social work sectors
- Wiardi Beckman Stichting - purpose: a think tank linked to the Labour Party (PvdA)
- Mars One - purpose: establish a permanent human colony on Mars
Netherlands Antilles
Foundation legislation was last reformed in 1998, giving rise to the Netherlands Antilles Private Foundation (Stichting Particulier Fonds).