In an association ('vereniging'), cooperative ('coöperatie'), or mutual insurance association ('onderlinge waarborgmaatschappij') several interests may be at stake. These interests are described on this page. The stake a person has in your organisation determines whether or not they are a UBO.
Who are the stakeholders in your organisation?
Persons who are entitled to more than 25% of the capital can be designated as UBOs. Make a note to which percentage of the capital the UBO is entitled:
- over 25%, and less than or equal to 50%
- over 50%, and less than or equal to 75%
- over 75%, and less than or equal to 100%
Examples of persons entitled to the capital
A music society has included in its statutes that Ms A is entitled to the profits. Because of her right to profit, she is entitled to more than 25% of the capital. In this example, Ms A is a UBO.
A billiard club has included in its articles of association that 5 people are entitled to the profits. All 5 persons are only entitled to 20% of the capital, so they are not a UBO in this example.
A cooperative/mutual insurance company has included in its articles of association that upon dissolution, the liquidation balance will be paid to Mr B. This makes him entitled to more than 25% of the assets. Mr B is a UBO in this example.
Persons who have over 25% of the voting rights in the organisation can be designated UBOs. It concerns voting rights for statutory amendments, if the articles of association allow it. Make a note of the percentage of the UBOs’ voting rights:
- over 25%, and less than or equal to 50%
- over 50%, and less than or equal to 75%
- over 75%, and less than or equal to 100%
Example of voting rights
Soccer club F has 100 members. The club’s manager has multiple voting rights, accumulating to 30%. The manager is a UBO in this example.
If there are persons who have effective control, based on other circumstances than the ones mentioned above, you may designate these persons as UBOs.
If a person is a director, but has no other (direct or indirect) stake in the organisation, this person is not a UBO based on effective control.
Example of effective control
Political party G has a supporter, Z, who finances the party. Z does not have a formal role in the party, but plays a part as an external stakeholder. Supporter Z is an example of a UBO.
In that case, you register all managing directors as the organisation’s UBOs. You can only do so if these managers are registered in the Business Register as statutory directors. You do not register them on the basis of having a stake in the organisation, but because they have the function of director.
Then choose the first interest that applies from the list on this page.
On to the next step?
This page is part of the UBO report preparation pages. If you want to start over, you can go back to the starting page.