Registering a custodian of books and records
- Edited 15 May 2023
- 2 min
Who is the custodian of books and records and how do you register a custodian? Follow these steps:
1. Determine the identity of the custodian of books and records
A custodian of books and records can be either a (foreign) natural person, a vof (general partnership), cv (limited partnership), maatschap (professional partnership) or a (foreign) legal entity. The custodian is:
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Designated as such in the company’s articles of association or appointed by the body designated for the purpose in the articles of association;
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Appointed by the board (for stichtingen (foundations) or the general assembly (for other legal entities);
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The liquidator is;
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A custodian appointed by the district judge.
Under items 1, 2, and 3, custodians of books and records can be appointed only if a legal entity still exists, with the competent body of said legal entity deciding on the matter. A competent body may be, for example, a (general) assembly of shareholders, general assembly of members or supervisory board.
If the legal entity no longer exists, it will not have a competent body either, which means there will be no competent body authorised to appoint a custodian of books and records or successor to the former custodian. This is when item 4 comes into play.
2. Download and fill in the form
Find the right form.
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Form 17a: registration form for the dissolution of a legal entity, if there are no assets and a custodian of books and records is registered at the same time as the dissolution of the legal entity.
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Form 17b: registration for end of legal entity when registering the end of the legal entity.
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Form 18: supplement to other Business Register forms if the custodian of books and records has been appointed by the district judge. Complete the following items as below:
1.1: Company name and place of business
1.2: KVK number
2.1: "Other."
3.1: Start date of custodian of books and records (the date of the district court order)
3.2: Please enter the following:
The custodian of books and records is:
Given name(s) and surname: ................................................
Address: ....................................................................................
Postcode and town/city: ...........................................................
Signature: .........................................................................
4.1: Name and signature of the custodian of books and records and the signing date.
3. Sign the form
Different forms must be signed by different people.
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Form 17a must be signed by a director, who will generally, but not always, double as the custodian.
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Form 17b must be signed by the liquidator. They will often be a director but may also be an external party.
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Form 18 must be signed by the custodian.
4. Send the form
Please send the following items to the postal address of KVK:
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The right form, completed and signed.
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A copy of a valid ID belonging to the signatory.
Was the custodian appointed through a district court order? If so, enclose the district court ruling showing that appointment with the form.