Anonymously STAK setup in the Netherlands

[Dasilva]

came across an interesting article today about the STAK setup in the Netherlands. Although the setup isn't new, it continues to function effectively.

(Translate in browser)

Oligarchen, miljonairs en criminelen gebruiken Nederlandse rechtsvorm wereldwijd als dekmantel

Your thoughts??

 

[Simon4466]

A STAK is nothing more than a foundation which is made to hold shares. Nowadays foundations are reported in the UBO register as far as I know, hence, I do not see how it would be anonymous? It can certainly make sense from a tax planning perspective.

 

[Dasilva]

If you read the article it says that the setup can give out certificates when using a nominee director. And there is no ubo for that matter if i read it correctly

Found some more info here :

Trust office foundation (STAK)

 

[Simon4466]

I do not see where/how a nominee giving out certificates means that there would no longer be an UBO for the STAK? Maybe if the nominee also holds the certificates but idk. Seems questionable.

 

[myhand]

There is no anonymity unless you don't provide any KYC yourself.

 

[GPT]

STAK used to be a very good solution. Right now it still has a function, anonymity not being one of them.

Ubo-register: wie is de ubo van de bv met een stak? - Pellicaan Advocaten

www.pellicaan.nl

In Dutch but with translate understandable.

It boils down to three criteria.

1. holding (in)directly an ownership of more than 25%
2. being able to (in)directly exercise more than 25% of the votes in decision-making regarding amendments to the foundation's articles of association
3. being able to exercise actual control over the foundation (other than by being a statutory director of the foundation)

1. isnt possible with the STAK due to its nature which leaves 2 and 3.

When that doesnt produce a UBO everyone will be UBO.