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Minors can establish a foundation in the Netherlands under certain conditions. The law (Article 1:234 of the Dutch Civil Code) states that a minor aged 16 or 17 has the legal capacity to perform legal acts that are “customary in social interaction,” provided they have the consent of their legal representative. Establishing a foundation falls under this in principle, provided the parents/guardian agree. Under the age of 16, independent establishment is not possible; in that case, the legal representative must establish the foundation on behalf of or for the minor.
The short answer
- 16 or 17 years old: can establish themselves with permission from legal representative.
- Under 16: not independent — parent or guardian arranges.
- Becoming a director: difficult even under 16, because directorship is a serious legal responsibility.
- Notary: explicitly requests permission from parents/guardian.
What does the law say?
The legal basis:
- Article 1:234 of the Dutch Civil Code: minors aged 16 and over have the legal capacity to perform legal acts that are “customary in social interaction,” provided that they have the consent of their legal representative.
- For young minors: the legal representative acts on their behalf.
- Directorship: a minor can formally be a director, but practical implementation requires adult scrutiny — and in the event of a conflict of interest, often a separate representative.
In the case of minor founders, the notary will explicitly request written consent from the parents/guardian and attach this as an appendix to the deed of incorporation.
Practical examples
When does this occur?
- Young entrepreneurs: a 17-year-old who sets up a charity foundation for a specific purpose.
- Family structures: minor children participating in a family fund — often with a parent/guardian as director.
- School or student foundations: youth funds, student projects in which founders are minors.
- Inheritance/legacy: a minor inherits assets that are placed in a foundation — usually with a guardian as director.
What do you need to arrange?
- Written consent from both parents or the guardian, dated and signed.
- Statement by the legal representative that he or she will not become a director personally (or will, with justification).
- Articles of association that take into account incapacity to act in relation to certain legal acts.
- Optionally, a joint board with adult directors who bear practical responsibility.
- Bank account: banks often require additional documentation from minor founders.
Directorship as a minor
A minor can formally be a director of a foundation, but in practice, this conflicts with legal capacity:
- For legal acts “customary in social interaction” (16-17 years with consent): often workable.
- For more significant legal transactions (taking out a loan, buying real estate): parental cooperation is often required.
- In case of a conflict of interest between a minor and a parent: a separate representative is required.
- WBTR requirements (due care, conflict of interest) apply in full.
In practice: a foundation with a minor founder often also has adult directors who take the operational lead.
Honest recommendation
Establishing a foundation as a minor is legally possible, provided consent is obtained. In practice, however, things run more smoothly with adult co-directors who bear the heavier responsibilities. Discuss in advance with a notary and legal expert which structure works best — a good setup prevents later problems regarding legal capacity and liability.
For the broader context: establishing a foundation.
Frequently Asked Questions
From the age of 16: yes, with the consent of the legal representative (parents or guardian). Article 1:234 of the Dutch Civil Code allows for legal acts “customary in social interaction”. Under 16: not independent; the legal representative establishes it.
Yes, written consent from both parents (or the guardian) — dated and signed. The notary attaches this to the deed of incorporation. Without consent, the incorporation cannot validly take place.
Formally yes, but practically limited. It works for legal transactions “customary in commercial practice”; for significant obligations (loans, real estate), the cooperation of an adult is often required. Many foundations opt for a mixed board.
Requests written consent from the legal representative, assesses legal capacity, and attaches the consent to the deed of incorporation. In case of doubt, the notary may refuse or propose a mixed board.
Under strict conditions. Banks require additional documentation and often want an adult co-director or authorized representative. For some banks, this is difficult — inquire in advance which bank works with minor founders.
From the age of 18, you are of legal age and have the legal capacity to act without permission. The incorporation process then proceeds without special requirements. In the case of gradual preparation: schedule the notarial deed after your 18th birthday if possible.
In the event of a conflict between a minor and their legal representative, a special guardian is appointed by the court. This is practically rare when establishing a foundation, but relevant for family asset structures. A lawyer or notary can help prevent it.
