Leonova, O. A. Legal Regulation of the Administrative Foundation (STAK) in the Netherlands

Abstract: The subject under review of the present research article is the legal regulation of the administrative foundation in the Netherlands. The purpose of the research article is to study different types of legal entities in the Netherlands, to consider questions related to the legal regulation of foundations in Holland, to describe the main principles of the administrative foundation’s performance, to study the process of issuance and redemption by the administrative foundation, to analyze the process of taxation of the administrative foundation and to study applicability of a Holland foundation in actual practice for the purpose of international tax planning. The author of the article also discusses the benefits of using the administrative foundation in practice. The main method used by the author when writing the present article was the comparative law method. The author has also used the methods of analysis, comparison and synthesis. The scientific novelty of the present research is in the analysis of provisions of the Dutch legislation regulating the performance of the administrative foundation. This instrument is becoming quite popular and therefore needs to be studied. Also worth nothing is that there are very few Russian researches on the matter. The results of the research allow to conclude that STAK is an ideal instrument for possessing and managing assets in case when a holder of assets needs to stay confidential. Apart from that, the administrative foundation can be also used for the following purposes: • simplification of joint-stock companies’ corporate management procedures; • protection against a hostile take-over; • posthumous transfer of assets; • retention of family business; • encouragement of employee rights; • usage of a spe cial purpose company in the process of securitization.

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