Business structures

Business structures

Do you plan to be an entrepreneur and start your own business or have you been an entrepreneur forever? We advise you to think carefully about what business form is most suited to your situation.

If you want to start a business, there are many choices to be made and exciting times are ahead. Marks Wachters notarissen can support you in this process. We can help you choose the most suitable legal form and how to manage the legal organization. We point out the legal opportunities and pitfalls, so you can make a good start.

Also if you’ve been an entrepreneur for years it might be a good idea to reflect on whether the present business structure is still suited to your company. Your wishes or personal situation can change over time. And your company can also shrink or grow or the market risks can require a different approach. The civil-law notaries and lawyers of Marks Wachters notarissen can advise you on your business.

 

Your company needs a legal form: we call this a legal format or business structure. Marks Wachters can advise you on the legal format that best suits your situation, keeping in mind matters such as control, starting up a company alone or with one or more partners, and tax benefits. The various legal forms differ substantially in whether or not they have a legal personality.

In a business without a legal personality, you are privately liable for business debts. Business creditors can recover from both your business and your personal assets. There are four business forms without legal personality:

A legal entity, like a human being, independently bears (financial) rights and obligations. This means that a legal entity is liable for the debts resulting from the business, not you personally. There are several business structures with legal personality:

 

At Marks Wachters notarissen we know exactly what the advantages and disadvantages of legal forms are and together with you we will find the most suitable form.

Association or foundation

In the Netherlands, there are many associations and foundations. These vary from the local sports or hobby club to major national organizations, from family foundations to large hospitals and housing associations. A foundation has to be established by notarial deed. There are no form requirements for establishing an association. There are however advantages to an association whose articles of association have been included in a notarial deed and which is registered in the trade register, such as, for example, limited liability of board members for the debts of the association.

Marks Wachters notarissen can advise you on this. The articles of association of an association or a foundation regulates the internal organization (authorities, decision-making process, representation, etc.). Based on your situation and wishes we can offer personal advice on the contents of the articles of association of your association or foundation.

Tax-exempt investment institution

Marks Wachters notarissen is experienced in organizing the legal structures for the tax-exempt investment institution (VBI). This structure is often used for entrepreneurs who have accrued a substantial (investment) capital in their holding company, which can make it attractive (for tax reasons) to place (part of) the capital in a VBI.

Please contact us for more information

If you have any question, please do not hesitate to call with one of our specialists during our office hours. You can contact us by calling our office (040) 244 88 55.

Of course you could also reach out to us by filling in our contact form. We would be happy to help you and advise you on the best solution for your personal situation.

mr. Han Kersten

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