Besloten Vennootschap / Private Limited Liability Company
The limited company (“BV”) is the most popular legal entity form in the Netherlands. A BV has one or more shareholders and one or more directors. Its capital is divided into shares and the liability of the shareholders is generally limited to their investment into the shares of the BV. There is no minimum capital and no specific requirements for the shareholders. BVs are used as holding, financing, licensing or operational companies, but any BV can also combine several functions.
Stichting / Foundation
Dutch foundations are often used as a continental alternative to the Anglo-Saxon trusts. Foundations are usually tax transparent. They are used for family wealth management, in employee participation plans, or as special purpose vehicles. One possible type of foundation is the so-called “STAK”, an administrative foundation (Stichting Administratiekantoor). The object of a STAK is to acquire and administer assets under the title of administration. In exchange for the contributed assets, the STAK issues certificates (depository receipts) to the contributors of the assets. While it is most common that shares in a company are contributed to a STAK, in principle any asset can be contributed to a STAK in exchange for certificates. By using a STAK, the legal ownership and the economic ownership of an asset are separated.