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Nominee Trust Agreement

Nominee Trust Agreement Template for Netherlands

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Key Requirements PROMPT example:

Nominee Trust Agreement

"I need a Nominee Trust Agreement under Dutch law for holding multiple commercial real estate properties in Amsterdam, with a corporate trustee and three corporate beneficiaries, to be effective from March 1, 2025, with specific provisions for quarterly distributions and annual property valuation requirements."

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Document background
The Nominee Trust Agreement serves as a crucial legal instrument in the Dutch financial and business landscape, despite the Netherlands not having a domestic trust law. This document is essential when establishing arrangements where assets need to be held and managed by a nominee trustee for the benefit of specified beneficiaries. It becomes particularly relevant in situations involving asset protection, estate planning, or structured financial arrangements. The agreement must carefully navigate Dutch legal requirements, including compliance with the Hague Trust Convention, financial supervision regulations, and anti-money laundering provisions. The document typically includes comprehensive provisions covering trust formation, asset management, trustee powers, beneficiary rights, reporting obligations, and termination procedures, all within the framework of Dutch law and regulatory requirements.
Suggested Sections

1. Parties: Identification of the Settlor, Nominee Trustee, and any initial Beneficiaries

2. Background: Context of the arrangement and purpose of establishing the nominee trust

3. Definitions: Definitions of key terms used throughout the agreement

4. Declaration of Trust: Formal establishment of the trust and transfer of assets to the nominee trustee

5. Trust Purpose and Duration: Statement of the trust's purpose and intended duration or termination conditions

6. Powers and Duties of the Nominee Trustee: Detailed outline of the trustee's authority, responsibilities, and limitations

7. Rights and Obligations of the Beneficiary: Specification of beneficiary rights, including direction powers and information rights

8. Asset Management: Provisions regarding the handling, investment, and administration of trust assets

9. Accounting and Reporting: Requirements for financial records, reporting to beneficiaries, and regulatory compliance

10. Fees and Expenses: Structure for trustee compensation and payment of trust-related expenses

11. Liability and Indemnification: Provisions regarding trustee liability, limitations, and indemnification

12. Resignation and Succession: Procedures for trustee resignation, removal, and appointment of successors

13. Amendment and Termination: Conditions and procedures for modifying or terminating the trust

14. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes

Optional Sections

1. Anti-Money Laundering Compliance: Additional provisions for enhanced AML compliance, required when the trust involves significant financial transactions or international elements

2. Tax Provisions: Specific tax-related provisions and responsibilities, recommended when complex tax implications are involved

3. Investment Guidelines: Detailed investment parameters and restrictions, needed when the trust includes investment activities

4. Confidentiality: Enhanced confidentiality provisions, recommended for trusts involving sensitive business or personal matters

5. Force Majeure: Provisions for handling extraordinary circumstances, recommended for long-term trust arrangements

6. Dispute Resolution: Detailed alternative dispute resolution procedures, recommended for complex arrangements or international parties

Suggested Schedules

1. Schedule 1 - Initial Trust Assets: Detailed inventory of assets initially transferred to the trust

2. Schedule 2 - Fee Schedule: Detailed breakdown of trustee fees and payment terms

3. Schedule 3 - Administrative Procedures: Specific procedures for trust administration and decision-making

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports and notifications

5. Schedule 5 - Beneficiary Information: Details of beneficiaries and their respective interests

6. Appendix A - KYC Documentation Requirements: List of required documentation for compliance with Dutch KYC regulations

7. Appendix B - Powers of Attorney: Standard forms for powers of attorney if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions












































Clauses





































Relevant Industries

Financial Services

Real Estate

Investment Management

Private Banking

Wealth Management

Corporate Services

Family Office Services

Asset Management

Professional Services

International Trade

Relevant Teams

Legal

Compliance

Wealth Management

Corporate Services

Risk Management

Trust Administration

Private Client Services

Investment Management

Financial Advisory

Company Secretarial

Relevant Roles

Legal Counsel

Trust Manager

Compliance Officer

Wealth Manager

Financial Advisor

Corporate Services Director

Asset Manager

Private Client Advisor

Risk Manager

Trust Administrator

Legal Director

Company Secretary

Investment Manager

Estate Planner

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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