Netherlands (NL)

Jurisdiction Overview

IDQuestionAnswer
236 *Is any formal registration required at all? Yes
 Data Date: 2019

Notes

 
The Global Forum reports: "All foundations are established under the Civil Code and must be registered in the commercial register. The names and addresses of the founder(s), foundation council members and the first supervisory directors are submitted as part of registration" (GF 2019: 58). In addition, "Foundations are taxable and file tax returns only if they carry on a business and earn profits. A tax return must also be submitted if the profits are all applied to charitable purposes. This tax return in itself does not contain information on the founders, the foundation council or the beneficiaries" (GF 2011: 50, 52). Foundations will be required to register their ultimate beneficial owners from January 2020 and will have until 2021 to comply (bakermackenzie.com). However, the definition of beneficial owners for foundations doesn't include all the parties to the foundation but a generic "the individuals who directly or indirectly have an ownership interest of more than 25%, who can exercise more than 25% of the voting rights in respect of changes of the articles of the foundation, or who can exercise effective control over the foundation" (LoyensLoeff.com). Therefore we conclude that there is no beneficial ownership registration.

Sources

GF 2011: 50; GF 2019: 58
 
https://www.bakermckenzie.com/en/insight/publications/2019/04/from-2020-dutch-businesses
 
https://www.loyensloeff.com/en/en/news/news-articles/implementation-of-the-dutch-ubo-register-n17058/