Document background
The Holding Company Operating Agreement is a fundamental document used when establishing or restructuring a holding company structure in the Netherlands. It serves as the principal governing document that outlines the company's management structure, shareholder rights, and operational procedures. This agreement is particularly crucial in the Dutch context, where specific legal requirements under the Dutch Civil Code must be met, including provisions for fiscal unity, corporate governance, and group company management. The document typically comes into play during company formation, corporate restructuring, or when updating governance structures to reflect changes in ownership or business strategy. It includes detailed provisions for share transfers, management powers, subsidiary oversight, and financial management, all while ensuring compliance with Dutch corporate law requirements and market practices.
