Foundation Articles of Association are essential documents required when establishing a foundation (stichting) in the Netherlands. This document type is mandatory under Dutch law and must be executed as a notarial deed before a Dutch civil law notary. The Articles serve as the foundation's constitution, outlining its purposes, governance structure, and operational procedures. They are particularly crucial as they determine the foundation's legal capacity and scope of activities. The document must comply with Book 2 of the Dutch Civil Code and includes mandatory provisions such as the foundation's name, registered office, objectives, board appointment procedures, and dissolution provisions. Once executed, the Foundation Articles of Association must be registered with the Dutch Chamber of Commerce (KvK) to give the foundation legal personality. The document is typically prepared when establishing new foundations or updating existing ones, and its contents can vary depending on whether the foundation seeks ANBI status or operates in specific sectors.
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1. Name and Seat: Official name of the foundation and its registered office location in the Netherlands
2. Objects and Purpose: The foundation's objectives, activities, and means of achieving its goals
3. Financial Resources: Sources of foundation funding, including initial capital, donations, and other income sources
4. Board of Directors: Composition, appointment, dismissal, and duties of the board
5. Board Meetings and Decision-making: Procedures for meetings, voting, and resolution adoption
6. Representation: Who may represent the foundation and under what circumstances
7. Financial Year and Annual Accounts: Definition of financial year and requirements for financial reporting
8. Amendment of Articles: Procedures for modifying the Articles of Association
9. Dissolution and Liquidation: Procedures for dissolving the foundation and distributing remaining assets
10. Internal Regulations: Reference to the board's authority to establish additional internal rules
1. Supervisory Board: Required if the foundation opts for a two-tier board structure with separate supervision
2. ANBI Provisions: Required if the foundation seeks Public Benefit Organization (ANBI) status
3. Advisory Council: Optional body to provide non-binding advice to the board
4. Committees: Framework for establishing and operating specific committees
5. Conflict of Interest Policy: Detailed procedures for handling conflicts of interest
6. Remuneration Policy: Required if board members or employees receive compensation
7. Privacy and Data Protection: Required if the foundation processes personal data
8. International Activities: Required if the foundation operates across borders
1. Initial Board Members: List of first appointed board members and their roles
2. Initial Capital Statement: Declaration of starting capital and assets
3. Organizational Structure: Diagram of governance structure if complex
4. Specific Protocols: Detailed procedures for specific activities or programs
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