Maatschappen

Maatschappen are a form of professional partnership used in the Netherlands and parts of Belgium. A maatschap is a contractual arrangement between two or more professionals who agree to practice under a common name and to share profits and losses.

Formation and operation: It is created by a partnership agreement, which may be in writing. There is usually no separate legal personality; the maatschap functions as a vehicle for collaboration among the partners. Profits and losses are allocated according to the agreement, and each partner contributes labor or capital as agreed. Management arrangements are set out in the contract, with partners often sharing day-to-day oversight or designating responsible individuals.

Liability and governance: Partners bear personal liability for the maatschap’s obligations, in proportion to their shares or as otherwise stated in the agreement, and there is typically some form of joint management unless the agreement assigns responsibilities to specific partners. The structure is designed to be flexible and straightforward, with fewer formal requirements than a corporate entity.

Registration and taxation: The maatschap is generally registered in the local Chamber of Commerce or equivalent public body. Taxwise, profits pass to the partners and are taxed as personal income; the maatschap itself does not usually pay corporate tax. This makes the form relatively simple from a tax perspective, though liability and governance considerations remain important.

Dissolution and succession: The partnership dissolves upon mutual agreement, withdrawal or death of a partner, bankruptcy, or completion of its purpose. Assets and liabilities are settled according to the contract, and partners may negotiate the admission of new members or the continuation under a revised agreement.

Use and significance: Maatschappen are common among lawyers, doctors, architects, accountants, and consultants because they offer flexibility and professional collaboration without the formalities of a corporate structure. They are often contrasted with corporate forms such as BV or NV.