This blog is all about advise to keep associations and other NGO’s in good shape, sustainable and ready for the futute
Revision and implication on Dutch law on Associations
May 2021
“Before 1 July 2021, all associations and foundations must comply with the new Act on Management and Supervision of Legal Entities (WBTR). The law deals with a large number of aspects of the ins and outs of an association or foundation. The aim is to make them function better and to avoid problems. The bill gives shape to the professionalization of associations and foundations. The need for this has become apparent after several incidents such as financial problems, self-enrichment of drivers, fraud, and theft. The scope of the law is much greater than amending statutes. The law is about establishing basic rules for management and supervision. The joint and several personal liability of board members has been expanded. Certainly, on that point, board members must pay full attention to this law. Why is this law relevant? Boards are obliged to draw up rules on voting rights, absence, supervision, and financial management.
More at https://wbtr.nl/ and https://www.kvk.nl/advies-en-informatie/wetten-en-regels/dit-betekent-de-wbtr-voor-je-organisatie/
An example where it can go wrong, that in the future, association members can make a case to the board members and make them personal responsible but also (financial) accountable for issues with financial implication. For this year or even longer, no worries and stress, but overtime (with a max of 5 years) it’s important to act exactly according to the change of law and their own constitution and internal regulation.
How healthy in my association ?
“Association Wellbeing Signs”
An association’s wellness is more than only 98.6 degrees on a thermometer. Here are several signs that your association is alive and thriving.
- A vibrant mission that makes a discernable difference within the industry, its
members and overall community. - Open communications.
- Members bring their yearnings, desires and questions to the association openly and
freely. - Staff and leadership adopt programming, plans and partnerships based on
members’ best interest. - Members’ needs and desires are placed above partnerships with stakeholders that
fill budget reservoirs. - Leadership willing to be guided by outcomes.
- Growth in membership – members’ maturity, knowledge and skills as well as
numbers. - Transformation of members’ professional and personal lives.
- Leadership able to take risks, fail without blame, and everyone learns from that
failure. - Authenticity, transparency and confidence when dealing with conflict.
- Nimble and able to effectively deal with change.
- An adoption of “We serve our members best, when we serve our industry/profession
first.”
Need to knows when registred in the Netherlands – ‘Handbook Foundations and Association’
After the publication of the second edition of the Foundation and Association Handbook in 2015, interesting developments in legislation and jurisprudence took place in the field of the foundation and the association, including its special forms, the cooperative and the mutual insurance society. In this third edition, these developments are placed in an exhaustive treatment of the subjects that are relevant to these legal forms. The book is written with an eye for practice and is aimed at directors, supervisory directors and advisers of this type of legal entity. Due to the reference to relevant literature and jurisprudence, the Handbook is also very suitable for students who want to learn more about these legal forms.
A student edition of the Handbook was also published in 2018. Using examples, all important stages in the life of the legal entity are discussed: from formation to cooperation, merger and demerger and from conversion to dissolution. It also extensively examines the governance structure, the balance of power within the organization, the tasks and responsibilities of the various bodies and the appearance of these legal entities. Internal and external supervision, the responsibilities in the field of financial administration and the liabilities of directors, policymakers and supervisors are explicitly discussed. Extensive attention is also paid to the tax issues faced by these legal entities. Furthermore, related themes are looked at exuberantly, such as the social enterprise (subdivided into charities, educational institutions, care institutions and housing corporations), the foundation in fiduciary relationships, the Trust Office Foundation, the Algemeen Nut Beogende Instelling (ANBI), the social interest institution ( SBBI) and the European foundation and association. In addition, attention is paid to the Bill on Governance and Supervision of Legal Persons, which is expected to be introduced in the not too long term and which includes a new governance structure for the association and foundation.
An association can not survive without alliances
Any association cannot de without another. An associations required to comply to legal standards, comply to constitutions, are depending on experiences from senior executives, need to understand how to deal with finances, budgets and above all dealing with persons wishing to invest time and their resources to keep it going. Te establish and association takes often a year of thinking, designing and developing. This to the structure but also in the windowing into the social environment and society. There are a lot of next steps to take but most important conclusion is that surviving a stand alone association is very hard. An association is vulnerable to all variability.
The best recommendation is getting allied with other associations, weather they are formal allied or informal connected, strength means is standing together or fall apart while standing alone.
If you want to make your voice heard, you need alliances, people and organisation to support you, share tweets, mentioning at event, have your logo on their website, meet each other at events. This not only for the organisation level and sending the message but it’s very unlikely that external investors are interested in you while alone, not known and with also the fragile element when some thing goes not according to plan, all may fall apart and the last registered officers can may carry the burden of solving financial and legal problems because of their personal responsibilit
How to keep your association multy facetted
If an association is stepping back one single activity, such as organising an annual or bi-annual congress, then often also the other 5 to 7 other goals of an association are neglected. This is not only a missed opportunity but also the start of a decline. And a decline is not much to worry about it, but when done over a range of years, members will leave or lose any attention. This is also often a signal that the persons in the lead give the association a lesser priority. This is at the end not only a responsibility of the leaders but also the members. This where annual general assemblies are created for but also the committees, working and sub groups are established. The best advise it to have frequent evaluation about the health status of an NGO.
Association and Social Media
During the 2020 – 2021, a lot of national and European nursing association had to work under unprecedented circumstances. May of nurses having leading position in associations, were forced to focus explicit on the clinical practice and the work for the association. This also had impact on visibility and social media, while much of this work is done ad hoc and occasional and so impact on showcasing
Turn over of presidencies
Text to come: on beneifit and flexibility of taking turns in President position, first, second and third. To a more shared decission and commitment
The relevance to be included in the European Transparancy Register
Text to come: ……….
Why board members should live the constitution and internal regulations as best as possible
Text to come:
How to leave your footprint in European policy
Text to come: about taking leadership like joining board and committee positions in European umbrella organisations.
Why it’s important to have during successions, all members in a board position
Text to come: on setting guide lines that each members at a certain time takes a board position, with preference of the chair/prisident.
The Association treasurers alliance
Text to come: the treasurers position is often the least intetesred or with the one with the highst impact when not done well. An advise is to creat a supporting alliance of treasuers in associations. To exchange and learn about: funding, sponsor, members, anual finacial report, legal issues, successsion, budget support.
Contact
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Europan Nursing Association Consultancy 