Dutch Community Land Partnership

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Discussion

This page is under construction.

In an effort to explore the potential for transnational cooperation with Community Land Partnerships this page will be updated with links and information about how a Community Land Partnership (CLP) could be wholly formed in the Netherlands.

Limited Liability Partnership legal form

The United Kingdom's LLP form allows for a number of important functions. Are these functions available in the legal vehicles supported by other sovereign territories?

As an example: http://www.ocra.com/jurisdictions/comparison.asp?LeftFrameName=18&UseReferer=1&referer=juris This compares the Dutch BV to the UK LLP.

The pass-through LLP wouldn't be 'operating' anywhere, although its members would. The LLP is not an organisation: it doesn't own anything; employ anyone; contract with anyone; or do anything. It just IS. This is not an easy concept to grok.

Another way of looking at a Capital Partnership is as a 'chaordic' framework for self organisation by stakeholders. It links together disparate jurisdictions and enterprise models in the same way that XML links disparate hardware and software.

Dutch entities - whatever their legal form (including sole traders); whether public or private in ownership; and whether commercial (for profit) ; 'social' (not for loss) or charitable in aims - would simply agree to share risk, production, revenues etc by consenting to the LLP agreement. A Dutch 'custodian' for Dutch property is key, and I am not sure what entity that should be - possibly a foundation of some sort. The other Dutch stakeholder members: (a) occupiers/capital users; (b) investors - of money or money's worth eg land; (c) managers can be any Dutch legal form or combination of them. Note that entities can and usually will be members of more than one class of membership.

The LLP is 'pass through' or 'tax transparent, so members pay tax on their income or gains derived from membership at their domestic rate. The way we structure it, the LLP is constituted as the generic 'capital partnership' framework agreement between what are essentially formal or informal associations of stakeholders.

Have a look at these presentations for more information.

http://www.slideshare.net/ChrisJCook/equity-shares-a-solution-to-the-credit-crash-presentation

The second half - outlining Unitisation - is also on YouTube here http://www.youtube.com/watch?v=I5mgnR5lagI

This was to the All Energy Show in Aberdeen and concerns cross -border operation.

http://www.slideshare.net/ChrisJCook/energy-pool-20-05-2009

Membership Types

Classes of Membership

Taxes

Information Sources in Netherlands

  1. Chamber of Commerce http://kvk.nl

On the Web

  1. http://www.opencapital.net/



Much of the inspiration for this project is owed to Chris Cook.