Employee participation through a STAK (Stichting Administratiekantoor) means that employees receive share certificates instead of voting shares. This way, they benefit from the economic value, while control remains with the entrepreneur.
Employee participation through a STAK? Here's how it works!
Do you want to retain control over your company while transferring some ownership? A STAK (Foundation Administration Office) offers a smart and flexible way to separate ownership and voting rights. Whether it's for employee participation, business succession, or takeover protection, a STAK can strengthen your business structure.
With over 30 years of experience, Match Plan has guided countless entrepreneurs in successfully establishing and implementing a STAK. We ensure that your goals are achieved, whether it's strategic growth, employee retention, or safeguarding your company's long-term vision.
Together we ensure that your company is optimally prepared for the future!
Retention of control
With a STAK, control remains with the entrepreneur, while employees can participate economically.
Tax benefits
The STAK structure can provide tax deferral or benefit when transferring shares.
Motivated employees
Receiving certificates makes employees feel like co-owners, which increases their engagement.
Why choose a STAK?
A Stichting Administratiekantoor (STAK), a legal entity established to manage a company's shares, offers a smart solution for entrepreneurs who want to retain control while simultaneously sharing economic rights, such as dividends, with employees or other stakeholders. But what makes a STAK so valuable, and what are its key benefits?
Maintaining control with flexibility
A STAK separates ownership and voting rights, allowing entrepreneurs to retain control over their business. This makes a STAK particularly suitable for family businesses and organizations seeking protection against unwanted takeovers or internal conflicts. Maintaining control provides stability and continuity to the business, even in complex situations.
Through a STAK, entrepreneurs can determine who has access to economic benefits and influence decision-making. This is particularly valuable in companies where the founder or owner wants to maintain strategic direction while sharing economic participation with employees, family members, or investors.
Increasing involvement and motivation
Employee participation is one of the most important applications of a STAK. By allowing employees to benefit from economic rights without affecting business operations, you increase their engagement and motivation. This not only strengthens the bond with your organization but also promotes innovation and productivity.
Employees who are shareholders through a STAK often feel more responsible for the company's success. They not only benefit from growth but also actively contribute to the organization's long-term goals. These shared interests create a dynamic work environment where everyone is focused on achieving results.
Customization and strategic benefits
A STAK offers companies the opportunity to create customized solutions. Whether it's employee participation, ensuring family succession, or strategic share management, a STAK offers flexibility and structure. Moreover, there may be tax benefits, such as tax deferral on share transfers, making it even more attractive.
The success of a STAK lies in its flexibility to tailor it to a company's unique needs. The structure can be easily adapted to changing circumstances, such as growth, a company sale, or a change in ownership. This makes a STAK a powerful tool for companies at all stages of their development.
Want to know more about a STAK? With the right approach and guidance, a STAK can be a powerful tool to strengthen your business. At Match Plan, we're ready to help you achieve a STAK that aligns with your unique business goals.
When do you choose a STAK?
A STAK is a versatile instrument suitable for a variety of situations where ownership and control must be separated. Its flexibility and broad applicability offer entrepreneurs several strategic advantages. Below are some common applications:
Employee participation
: A employee participation A STAK allows you to offer employees economic ownership in the form of certificates. This allows employees to benefit from dividends or capital growth without impacting business operations. This increases engagement and motivation, while you maintain control.
Family businesses
: Bee business succession within the family A STAK can help maintain control while transferring economic ownership. This prevents conflicts and ensures a smooth transition to the next generation.
Protection against takeovers
: A STAK offers protection against unwanted takeover attempts. Voting rights remain within the STAK, preventing an outside party from gaining control of the company through share buyouts.
Sale with retention of control
: At the sale of a company A STAK can offer a solution for transferring economic ownership, while temporarily retaining voting rights with the seller. This provides the opportunity to continue influencing strategic decisions during the transition phase.
Step-by-step plan for setting up a STAK
It establishing a STAK (Foundation Administration Office) is a strategic process that requires careful planning. The steps below will help you lay a solid foundation for success.
Step 1: Set goals and prepare
The process begins with determining your objectives. Do you want to involve employees, ensure continuity within a family business, or position your company against unwanted acquisitions? Clearly define your goals so everyone involved understands why the STAK is being established. Also, determine which parties will play a role, such as employees, family members, or external investors. This provides a solid starting point.
Step 2: Drafting articles of association and terms and conditions
In this phase, legal documents are drawn up, including the articles of association and terms of administration. These documents define the rights and obligations of certificate holders and the responsibilities of the STAK board. Procedures for important matters, such as the issuance of certificates, are also established. A notary supervises this process to ensure that everything is carried out legally correctly and transparently.
Step 3: Establishing the foundation
Once the legal foundation is in place, the STAK is officially established. This is done through a notarial deed and formal registration with the Chamber of Commerce. This gives the STAK the legal status to manage shares and issue certificates. This is an important step in making your STAK operational.
Step 4: Share Valuation
A precise valuation of the shares is essential to ensure fairness and transparency. An independent Registered Valuator Determines the value of the shares, so there is no confusion among certificate holders. This process builds trust among all parties involved and minimizes future disputes.
Step 5: Drafting and signing contracts
After the valuation, all agreements are legally formalized in contracts, such as administrative terms and participation agreements. These contracts detail how the certificates are issued, the obligations of certificate holders, and how future changes will be managed. This provides clarity and certainty for all parties.
Step 6: Transfer of shares and issue of certificates
In the final phase, the shares are transferred to the STAK, which becomes the legal owner. The STAK then issues certificates to selected parties, such as employees or family members. This process is closely monitored to ensure that all agreements are adhered to and that all parties involved are well informed of their rights and responsibilities.
This structured approach will help you create a solid and professional foundation for your STAK. Match Plan provides support every step of the way, ensuring a successful launch.
Who is involved in a STAK?
In a STAK (Foundation Administration Office), several parties play an important role, each with specific responsibilities. Below is an overview of the stakeholders:
The board
: The board manages the shares in the STAK and determines how voting rights are exercised. They ensure a balanced consideration of interests and the distribution of dividends to certificate holders.
The certificate holders
: Certificate holders receive the economic rights of the shares, such as dividends, without voting rights. This makes the STAK suitable for employee participation or other stakeholders.
The founders or shareholders
: The founders transfer the shares to the STAK and establish the rules for certification, so that control is retained while economic rights are shared.
External advisors
: Legal, fiscal and strategic Experts play a crucial supporting role in setting up and managing a STAK, so that it meets all requirements.
Tips for setting up a STAK
Establishing a STAK requires a well-considered approach and clear agreements. With the right preparation, you'll lay the foundation for success. Use these tips to ensure a smooth process.
Define clear objectives
: Ensure that all stakeholders understand why the STAK is being established and what goals it aims to achieve.
Select an expert board
: Choose board members who can think strategically and weigh interests independently.
Keep the statutes flexible
: Allow for future adjustments so the STAK can grow with your business.
Seek professional guidance
: Avoid legal and tax mistakes by involving experts who have experience with STAK structures.
Long-term plan
: Ensure that the structure aligns with your company's growth ambitions and vision for the future.
FAQs
Frequently Asked Questions: Employee participation through a STAK
What is employee participation through a STAK?
What are the benefits of employee participation?
Participation increases the involvement and motivation of employees and contributes to the continuity of the company. It is also a tool for retaining talent and sharing value development, without immediately transferring ownership.
When is a STAK structure interesting for my company?
A STAK is particularly interesting if you want employees to share in the growth of your company, but want to retain control. It is also a suitable instrument for succession planning or attracting new employees. key staff.
How does Match Plan support employee participation and STAK structures?
Match Plan advises and guides you in setting up a suitable participation structure. We handle the design of the scheme, among other things., valuation, employee communication, and coordination with legal and tax advisors. Our approach is independent and focused on customized solutions.
What are the costs of employee participation guidance?
Match Plan operates on an hourly rate. Depending on the complexity of the arrangement and the number of employees involved, we provide a clear estimate of the required hours upfront. You only pay for the services actually provided.
Meet our sector specialists without any obligation.
Contact
Please fill in your contact details and we will contact you as soon as possible.
"""*"" indicates required fields
Telephone
Would you prefer to contact us directly by telephone?
Then you can call +31 85 013 00 75.
- Over 30 years of experience
- 100% independent advice
- 1000+ entrepreneurs guided
Entrepreneurs
What to say
our customers?
No obligation Advice
Over 30 years of experience
Please feel free to contact us
advisors for an introduction.
✔ Business sale
✔ Company takeover
✔ Acquisition financing
✔ Independent assessment