Dutch Private Foundation (Stichting) – Key Insights

The Dutch private foundation (Stichting) has long enjoyed significant popularity as a structure offering a high level of anonymity, protection of key assets from creditor claims, and flexibility in defining rules for asset succession.

One of the key advantages of such a foundation is the ability to ensure a high level of anonymity for those who control it. The Dutch Commercial Register (KVK) requires the disclosure of only the board members of the foundation. In practice, it is most common to see foundations where management functions are carried out by a Dutch company licensed to provide fiduciary services (a so-called trust office) – and it is this entity that is disclosed in the register.

It is also possible to structure the foundation’s deed of incorporation in such a way that the identity of the person exercising control over the foundation is not included in the document. As a result, even after reviewing the foundation’s registration files, third parties cannot obtain information about this individual.

Furthermore, resolutions concerning the appointment of members of supervisory bodies (e.g., the Protector Committee) are not submitted to the Dutch register. The foundation’s articles of association typically contain only general mechanisms for transferring control rights within the foundation, without any personal references.

It is also worth noting that, following the judgment of the Court of Justice of the European Union (CJEU) of 22 November 2022 – in which the CJEU ruled that full and unrestricted public access to beneficial ownership data violates the right to privacy and data protection – the Dutch UBO register is no longer public (i.e., accessible to everyone without additional requirements). In response, Dutch authorities suspended access to the register for unauthorized parties.

In summary, by implementing appropriate corporate governance, a Dutch foundation can offer a high level of anonymity for both its beneficiaries and those who control it.

If you are interested in the topic of Dutch private foundations, we encourage you to contact our Commercial Law Department experts:
• Rafał Małolepszy – Managing Counsel, Advocate
• Karol Stępniak – Lawyer, PhD Candidate