Do such constructions exist in most other countries too or is the legal situation of the Netherlands one of the exceptions?
And is this a form of legal arbitrage in which the situation could change as soon as the regulators or government notice such constructions are circumventing the intention of the law?
The construct exists in other jurisdictions but is often impeded by how freely they are transferable. For example the UK has a similar foundation governance structure, however the transfer of these share certificates is hampered by requiring a transfer deed / stamp duty. The latter is an issue because the big benefit is the increased liquidity and transferability of tokenized securities vs traditional securities. The Netherlands is something of an exception because of the lack of these impediments, however there are other jurisdictions, and many contractual mirror images being created in jurisdictions that do not have these features. The legal construct has been around for decades and is extremely typical, we foresee little legislative risk here.
Thanks for your elaboration on the subject.
The Netherlands does appear to be a favorable country for corporate tax schemes and regulatory constructions. In fact, the Dutch Sandwich in combination with the Double Irish arrangement has existed for years. At some point it stops being a loophole and starts being a national strategy to attract business. The only thing to fear is other countries becoming jealous because they are missing out on the fun and putting pressure on the EU to rectify such exploits. But I digress.