Articles of Incorporation Foundation (Stichtingsakte) is a fundamental legal document required when establishing a foundation in the Netherlands. This document must be prepared and executed in Dutch before a civil law notary and serves as the foundation's constitutional charter. It is used when individuals or organizations wish to establish a legal entity dedicated to achieving specific purposes using designated assets, without having members or shareholders. The document must comply with Book 2 of the Dutch Civil Code and includes crucial information about the foundation's purpose, governance, and operations. It's particularly important as it forms the basis for registration in the Dutch Commercial Register and establishes the framework within which the foundation must operate. The Articles must also address specific requirements if the foundation seeks ANBI (public benefit) status or plans to engage in commercial activities.
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1. Name and Seat: Official name of the foundation and its registered municipality in the Netherlands
2. Purpose and Objective: Detailed description of the foundation's goals and activities, ensuring they are specific enough for legal requirements but flexible enough for future operations
3. Financial Resources: Description of how the foundation will obtain its funds and assets
4. Board Composition: Structure of the board, number of board members, and appointment procedures
5. Board Duties and Powers: Detailed description of board responsibilities, decision-making processes, and authority limits
6. Board Meetings: Procedures for convening meetings, voting, and decision-making processes
7. Representation: Who may represent the foundation and under what circumstances
8. Financial Year and Reporting: Definition of the financial year and requirements for financial reporting
9. Amendment of Articles: Procedures for amending the articles of incorporation
10. Dissolution and Liquidation: Procedures for dissolution and distribution of remaining assets
1. Supervisory Board: Required when implementing a two-tier board structure, detailing the composition and powers of the supervisory board
2. Advisory Council: Optional section for foundations wanting to establish an advisory body without formal powers
3. ANBI Requirements: Required when the foundation seeks or maintains ANBI (public benefit) status, including specific provisions about asset distribution and administrative requirements
4. Committees: Framework for establishing and operating committees within the foundation
5. Conflict of Interest Policy: Detailed procedures for handling conflicts of interest, beyond the basic WBTR requirements
6. Privacy and Data Protection: Specific provisions regarding GDPR compliance and data protection procedures
7. Remuneration Policy: Required when board members or employees receive compensation, especially important for ANBI status
1. Initial Board Members: List of first appointed board members with their details
2. Detailed Activities: Comprehensive list of activities the foundation plans to undertake to achieve its objectives
3. Internal Regulations: Detailed operational procedures and policies that may need regular updating
4. Financial Guidelines: Specific procedures for financial management and control
5. Governance Code: If adopted, the specific governance code the foundation commits to follow
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