Motion of no confidence against foundation board: your rights

Questioner

Can anyone submit a motion of no confidence against a foundation board?

Lawyer

This question is too general to answer. For the procedure SVP, please refer to the statutes of the foundation. You can request these from the Chamber of Commerce where the foundation is registered.

Lawyer

No, not everyone can do that. A motion of no confidence is also pointless, because the board itself takes care of the appointment and dismissal of board members. Only if a foundation has a Supervisory Board, there is some outside influence on the appointment and dismissal of foundation board members. In addition, any interested party can request the Public Prosecution Service to dismiss a director, or request the court to dismiss a director of a foundation.

Questioner

As a foundation board,, This should consist of 5 people, registered with the Chamber of Commerce And 4 people have already indicated years ago that they want to stop their activities,,, but the secretary does not listen to that. And does not deregister the people. But someone else is appointed as treasurer but is not listed with the KVK and has not been notarized,,,, you should be able to take action against that.

Lawyer

The question that needs to be answered first is why you are interested in this. Are you one of the board members who wants to be deregistered?

Questioner

Because there is still some unrest in the cultural center in Zeilberg,,, with the foundation board We have now discovered that of the 5-member board, only one is still active, and he has appointed his own treasurer. This was not reported to the Chamber of Commerce But he also failed to deregister the others with the Chamber of Commerce, even though these people had informed him of this in writing. This treasurer has also signed documents,,, These can never be legally valid

Lawyer

Who is 'we'? You say: 'we have found out that...' Are you a tenant or user of the cultural centre? Are you the owner of the building?

Questioner

Because there is still some unrest in the cultural center in Zeilberg,,, with the foundation board We have now discovered that of the 5-member board, only one is still active, and he has appointed his own treasurer. This was not reported to the Chamber of Commerce But he also failed to deregister the others with the Chamber of Commerce, even though these people had informed him of this in writing. This treasurer has also signed documents,,, These can never be legally valid

Lawyer

What is your interest? There is much that cannot be done 'just like that', but not everyone can make an issue of it or start a procedure about it. What is your role in this story? If you are an outsider, you cannot start a procedure about it - no matter how much the foundation board oversteps the mark. I first need to know what your position is before I can help you further.