Economic ownership

When a property or a right is transferred, ownership in principle passes in full, meaning both legal and beneficial ownership. Legal ownership is the "shell", the ascription. The beneficial ownership is all other rights and obligations relating to the thing or right. At Kooijman Autar of Rotterdam, we help you complete this process flawlessly, simply and conveniently.

A transfer for beneficial ownership

In a transfer of beneficial ownership, the buyer will usually stipulate that, at first request, the legal delivery will also be transferred by the seller. An irrevocable power of attorney is then given to the buyer to effect this. Before 1995, no transfer tax was payable on a beneficial ownership transfer. Therefore, beneficial ownership transfer was widely used then to save transfer tax. Nowadays, an official document drawn up on the transfer of beneficial ownership is indeed used to prevent the land register or commercial register">trading register from showing who the (beneficial) owner is. We call this "anti Quote structures". But a beneficial ownership transfer can also be used when co-shareholders do not want to cooperate in the transfer of shares.

Talk to us

For more information on beneficial ownership or anti Quote structures, please contact our notary office in Rotterdam. Also, if you have any questions or would like to make an appointment to discuss your options, you can reach us at +31 (0)10 285 88 88. We will be happy to advise you.