List of terms
Association ('vereniging')
This is a legal entity (see: Legal Entity) consisting of a collaboration between two or more persons who strive for a certain common objective, for example, to play a sport together. Associations may not be set up in order to distribute profits amongst the members. Dutch law distinguishes between associations with and associations without legal powers, which may be full or partial. An association with full legal powers can enter into the same rights and obligations as any adult citizen. In order to have full legal powers, an association's Articles of Association must be recorded in a notarial deed. An association without full legal powers has limited rights, which means that it can for example not acquire real property (see: Real Property) and that, in addition to the association itself, the members of its executive are personally liable for its debts.

Authentic deed ('Authentieke akte')
This is a signed and dated document drawn up by a publicly-recognised official, usually a notaris, recording facts, acts, events and/or statements. Such a deed serves as evidence of the matters it describes and has the same legal effect as a judgement rendered in a court of law.

the Central Register for Wills and Testaments ('Centraal Testamenten Register')
This is the register recording all the wills drawn up in The Netherlands. It does not record the contents of the will itself, merely the fact that a person has drawn up a will. In this way, it is possible to establish whether a deceased had a will and which notaris keeps it.

the Commercial Register ('Handelsregister')
This is the public register kept by the Chamber of Commerce, in which companies are entered and which must provide evidence of the person or persons authorised to sign on the company's behalf.

a Deed of cancellation ('royementsakte')
A mortgage (see: Mortgage Deed) is cancelled after the mortgage has been paid off entirely, after which the notaris deletes or cancels the registration in the public registers (see: Land and Public Registry Agency). This is done by means of a notarial deed (a deed of cancellation). The mortgage lender must give its permission for this.

a Deed of conveyance ('Leveringsakte')
The title to real property (see: Real Property) is transferred from the vendor to the purchaser when an - authenticated - copy of the notarial deed of conveyance is registered at the land and public registry agency (see: Land and Public Registry Agency). The deed of conveyance must be drafted by a notaris and must be signed by the latter, the vendor and the purchaser. The contents of the deed of conveyance must correspond with the contract of sale which the parties had already entered into.

General partnership ('vennootschap onder firma')
A general partnership is a form of collaboration between two or more persons, partners, jointly operating a business and acting as an organisation. In other words, they do business under a joint name. This type of collaboration is entered into in a partnership contract between the incorporators.

Inheritance tax ('successierechten')
This is a tax which is levied over the assets which a beneficiary obtains from an estate after the testator's death. The percentage of tax payable depends on the degree of kinship and the value of the property inherited from the deceased's estate.

Investigation of title ('titelrecherche')
The notaris checks the records of a real property in the public registers (see: Public Registers) to establish how and when the vendor acquired its title (see: Real Property).

Junior notary ('kandidaat-notaris')
This is a law graduate specialising in notarial law who provides notarial services under the responsibility of a notaris. Once a junior has complied with a number of conditions, including practical experience at a notaris's office as notarial graduate, a junior notary may be appointed as notaris.

the Land and Public Registers Agency ('Kadaster')
This is the public register kept by a government agency, the Land and Public Registers Agency, recording all real property (see: Real Property), and all property transactions, for example the owner of the property and the mortgages with which it is charged.

Legal entity ('rechtspersoon')
Like a human being, a legal entity can have independent rights and obligations, which for example means that if a person does business via a legal entity, only that entity can be held liable for debts arising from that enterprise.

Limited partnership ('commanditaire vennootschap')
A limited partnership is a special kind of general partnership (see: General Partnerships), with the most important difference being the fact that a limited partnership has two kinds of partners: managing partners and dormant partners. The managing partner is personally and severally liable for the firm's debts, in the same way as a partner in a general partnership, but this does not apply to dormant partners.

Matrimonial property law ('Huwelijksvermogensrecht')
These are the statutory provisions providing for the financial consequences of a marriage. In Dutch law, if the spouses-to-be make no arrangements to that effect before their marriage, i.e. if they do not enter into a pre-nuptial settlement, their marriage will create a general community of property, so that their respective assets will form one joint community of property.

Mortgage deed ('Hypotheekakte')
The purchase of real property (see: Real Property) usually depends on whether the purchase can be financed, and, in general, prospective buyers turn to a bank, insurance company or pension fund for this. A loan for real property is usually secured by a mortgage, which means that the property is given to the lender as collateral to ensure that it will recover the sum it has loaned. A mortgage is created in a notarial deed: a mortgage deed.

Notaris ('Civil law notary')
A notaris or civil law notary is a publicly-appointed official charged with drawing up authentic deeds (see: Authentic Deed) and other duties with which he is charged in law, such as winding up estates, presiding over auctions and legalising documents (in fact giving a seal of authenticity).

Partnership ('Maatschap')
This is a form of collaboration between two or more persons, partners, who each contribute their labour, assets and/or property and who strive for a certain common objective. The individual partners are not required to contribute equally to the partnership. Partnerships are often set up by professionals: doctors, attorneys etc.

Preventative supervision ('preventief toezicht')
These are the 'policing' duties of the Ministry of Justice undertaken before public or private limited liability companies (see: Public Limited Liability Companies and Private Limited Liability Companies) are incorporated to establish whether any of the company's policy-makers have a financially dubious past or a criminal record.

Private limited liability company ('besloten vennootschap' - B.V.)
A private limited liability company is a legal entity (see: 'Legal Entity') with a capital divided into shares which has been incorporated to achieve a certain object. Those providing the company with capital are referred to as shareholders, and every shareholder participates in the company for a certain proportion of the shares. A private limited liability company is a form of collaboration between shareholders and is especially characterised by its private nature. A private limited liability company can only issue registered shares which cannot be freely transferred., and the company may not issue share certificates.

Property taxes ('zakelijke belastingen')
These are taxes, for example levied by local government, which are as it were attached to a real property (see: Real Property). An example is municipal property tax ('onroerende-zaakbelasting') which is levied by the municipality where the property is located and which must be paid by both the user and the owner of the relevant property.

Public limited liability company ('naamloze vennootschap' - N.V.)
A public limited liability company is the ideal legal form for a large company which requires a great deal of outside capital (the legal form is the way a company is organised in legal terms). In addition to registered shares, a public limited liability company can issue 'bearer shares' which can be bought and sold on the stock exchange. Shares in a public limited liability company are, in principle, freely transferable, so that shares, which are in fact so many participations in the company, can be bought and sold at will.

the Public Registers ('de openbare registers')
In this brochure, any reference to public registers is a reference to the Land and Public

Registry Agency (see: Land And Public Registry Agency).

Real property ('onroerende zaak')
This is property which is permanently anchored in the ground, to contrast with movable property (chattels). This obviously includes ground and buildings and everything connected therewith.

Residence permit ('woonvergunning')
In The Netherlands, a person buying real property does not automatically acquire the right to in fact live there, as some municipalities require a residence permit and stipulate that a resident must hold such a permit if the property costs less than a certain pre-determined sum.

Registered partnership ('geregistreerd partnerschap')
As of 1 January 1998, Dutch law offers two persons of the same or a different sex the opportunity to have their relationship registered in the civil registers in the same way as a marriage. The provisions of matrimonial property law are applicable to this

registered partnership. (See: Matrimonial Property Law).

The right to withhold information ('verschoningsrecht')
A notaris is under an obligation to observe confidentiality, but like some other professionals with this same obligation, a notaris also has this right in court: he can for example refuse to give evidence or refuse to answer certain questions on information which came to his attention in his capacity of notaris.

Transfer tax ('overdrachtsbelasting')
Transfer tax, which is presently 6% and which is usually paid by the purchaser, is levied over the purchase price of a property (or over its value, if that is higher - see: Real Property). The notaris is responsible for transferring this tax to the tax authorities

Usufruct ('vruchtgebruik')
This is the right to use someone else's property and to enjoy its 'fruits', for example the interest. Usufruct ends upon the death of the usufructuary, or earlier, if the parties had agreed on this.