{"id":2526,"date":"2017-10-09T15:06:52","date_gmt":"2017-10-09T15:06:52","guid":{"rendered":"https:\/\/maastrichtdoet.nl\/?page_id=2526"},"modified":"2017-10-20T12:13:49","modified_gmt":"2017-10-20T12:13:49","slug":"starting-an-organization-or-initiative","status":"publish","type":"page","link":"https:\/\/maastrichtdoet.nl\/en\/info\/guides\/starting-an-organization-or-initiative\/","title":{"rendered":"Starting an organization or initiative"},"content":{"rendered":"

[vc_row][vc_column width=”1\/4″][vc_single_image image=”2258″ img_size=”full”][\/vc_column][vc_column width=”3\/4″][vc_column_text]You have a wish or a goal and would like to work together with others in order to turn this goal into a reality. One of the ways to do this is by starting an organization or citizens\u2019 initiative. Your wish or goal could be to improve the shopping area in town, play sport together, or form a band or orchestra. This guide will tell you about the two types of organization you can start and what it really means to start a citizens\u2019 initiative. Alongside some great tips on how<\/u> to start an organization or initiative, we have provided written and visual information on how to fund your plan and who to contact if you have any questions.[\/vc_column_text]\r\n\t4 tips<\/a>\r\n\r\n\t[\/vc_column][\/vc_row][vc_row][vc_column][vc_separator border_width=”2″][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/4″][vc_column_text]Tip 1:<\/strong> The two types of organization: how they differ<\/strong>[\/vc_column_text][\/vc_column][vc_column width=”3\/4″][vc_column_text]If you want to join forces with others to achieve a goal, there are two possible ways for you to start an \u2018organization\u2019. This could be as a \u2018foundation\u2019 or an \u2018association\u2019. Read the table below to find out how these two types of organization differ. You can also watch the clip: \u2018What’s the difference between an association and a foundation?\u2019<\/a>.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n
<\/td>\nFoundation<\/strong><\/td>\nAssociation<\/strong><\/td>\n<\/tr>\n
What does the law say?<\/a> \u00bb<\/a><\/strong><\/td>\nA \u2018foundation\u2019 is subject to the provisions in Part 5, Book 2 of the Dutch Civil Code.<\/td>\nAn \u2018association\u2019 is subject to the provisions in Part 2, Book 2 of the Dutch Civil Code.<\/td>\n<\/tr>\n
Setting up<\/strong><\/td>\nA foundation must be incorporated by a notarial deed (this may involve a testament, but not necessarily) and registered at the Chamber of Commerce.<\/td>\nThe founders or members of an association, however, can choose whether to incorporate the association by a notarial deed and register it at the Chamber of Commerce.\u00a0An association incorporated by notarial deed and registered at the Chamber of Commerce is a formal association. Please visit www.verenigingen.nl<\/a> for more information on other types of associations.<\/td>\n<\/tr>\n
Officer’s liability<\/strong><\/td>\nAn officer’s liability differs depending on the type of organization \u00bb<\/a>\u00a0.<\/p>\n

 <\/td>\n

An officer’s liability differs depending on the type of organization \u00bb<\/a>\u00a0.<\/td>\n<\/tr>\n
Grounds and possession of property subject to registration (buildings, land, immovable property)<\/strong><\/td>\nA foundation can possess grounds and property subject to registration, such as a building or land.<\/td>\nA formal association can possess grounds and property subject to registration, such as a building or land.<\/p>\n

An informal association cannot possess immovable property (property subject to registration) and cannot be an heir or beneficiary.<\/p>\n

 <\/td>\n<\/tr>\n

Members<\/strong><\/td>\nAccording to Dutch law, a foundation has no members.\u00a0 If certain people within a foundation have a role that is similar to that of a member, then this foundation is acting illegally.<\/td>\nAn association, on the other hand, does have members.<\/td>\n<\/tr>\n
Board (foundation) and committee (association)<\/strong><\/td>\nA foundation’s board members are elected by the board. A foundation does not have members who oversee the board. This board is also not required to account for its performance or actions at a general membership meeting (GMM). However, there may be other relevant parties such as donors and grant providers who will want to know how their money is being spent. If the foundation receives external funds, it is required to establish a Supervisory Board to oversee the board.<\/p>\n

 <\/td>\n

An association’s members appoint a committee, which then reports to the members.<\/td>\n<\/tr>\n
Payments<\/strong><\/td>\nFoundations are banned from issuing payments to a board member or a founder.<\/td>\nAn association may not issue payments to a committee member, ordinary member, honorary member, or other member.<\/td>\n<\/tr>\n
Articles (foundation) and charter (association)<\/strong><\/td>\nThe board of a foundation, or the District Court, may amend the foundation’s articles.<\/p>\n

 <\/td>\n

The charter of an association may only be amended by the GMM.<\/td>\n<\/tr>\n
Estate<\/strong><\/td>\nIf the foundation is a public benefit organization (algemeen nut beogende instelling<\/em>, ANBI), then it is exempted from paying gift and inheritance tax.<\/td>\nIf the association is a social benefit organization (sociaal belang behartigende instelling<\/em>, SBBI), then it is exempted from paying gift and inheritance tax.<\/p>\n

 <\/td>\n<\/tr>\n

Other differences<\/strong><\/td>\nA foundation cannot provide a security or take on a debt, unless the articles of the foundation explicitly permit this.<\/p>\n

 <\/td>\n

An association must have a General Membership Meeting (GMM)<\/a>. While this means the association is more democratic in practice, having a GMM may impair the association’s ability to make quick decisions.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][vc_separator][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/4″][vc_column_text]Tip 2:<\/strong> Starting a foundation or association<\/strong>[\/vc_column_text][\/vc_column][vc_column width=”3\/4″][vc_column_text]<\/p>\n