Can a creditor seize a foundation's business account?


Questioner

Can a private creditor seize the business account of a foundation with directors?

Lawyer

Seizure of a foundation's bank account by a private creditor can only take place if the foundation is the debtor. This means that the creditor must have a claim on the foundation, and not on the foundation's directors personally or on another entity. It is important to note that a foundation is a separate legal entity with its own assets. This means that the assets of the foundation are separate from the private assets of the directors. Creditors of the directors cannot simply seize the accounts of the foundation. There are, however, some exceptions where directors can be held personally liable for the foundation's debts, for example, if there is mismanagement or improper management. But even in that case, a creditor would first have to obtain a court order holding the director personally liable before the foundation's account can be seized. In your situation, it is advisable to consult a lawyer or attorney who can advise you based on the specific details of your case. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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