Hello Teun,
thanks a lot for reaching out, this exchange is indeed valuable as we can learn a lot from each other. Here my thoughts on the issue you brought up:
We did not encounter the problem you are describing as of yet, as we have not presented our project to that detail to banks. We are currently in the final stages before submitting our file for permit to the urban administration and our current thinking is to create mortgage files with banks when we are a bit closer to receiving the permit and having established the acte de base / basisakte.
Our société simple (SoSim) does already exist (see the page of the Kruispuntbank van Ondernemingen by searching for Coral Reef) and we also included the specific clause you mention in our statutes. We explained / referred to it internally as Mark’s hack. As we may encounter the same experience you had when banks start looking into our statutes, our group may need to discuss a way forward in function of the feedback we receive from banks.
We are also in touch with co-housings that follow other consultants and I’m thinking it would be interesting to see how they deal with the unlimited liability of a SoSim. I’d be happy to take this up on a next occasion and then report back to this thread. In the meantime, don’t hesitate to come back on the statutes, we’d be eager to learn how your discussions continue with banks and more broadly any other points you feel worth sharing.