The Registered Trust Deed is a crucial legal instrument in the Netherlands used to establish and document trust arrangements recognized under the Hague Trust Convention. While the Netherlands doesn't have a domestic trust law, it recognizes trusts through international conventions and specific regulations. This document is essential when establishing asset protection structures, estate planning arrangements, or charitable foundations that require trust structures. The deed must be registered with various Dutch authorities, including the tax office and UBO register, making it a formal and binding arrangement. The document typically includes comprehensive details about asset transfer, trustee powers, beneficiary rights, and administrative procedures, all crafted to comply with Dutch legal requirements and registration protocols. A Registered Trust Deed must be executed before a Dutch civil law notary to ensure legal validity and enforceability within the jurisdiction.
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1. Parties: Identification of the Settlor(s), Trustee(s), and any Protector(s), including full legal names, addresses, and capacities
2. Background: Context of the trust creation, intention of the settlor, and purpose of the trust
3. Definitions: Comprehensive definitions of terms used throughout the deed
4. Declaration of Trust: Formal declaration establishing the trust and transfer of assets to trustees
5. Trust Property: Detailed description of the initial trust property and provisions for additional property
6. Trust Period: Duration of the trust and conditions for termination
7. Beneficiaries: Identification and classification of beneficiaries, including their respective rights and interests
8. Powers of Trustees: Comprehensive list of trustees' powers and authority in managing the trust
9. Duties of Trustees: Obligations and responsibilities of trustees in administering the trust
10. Administration Provisions: Procedures for trust administration, including meetings, decisions, and record-keeping
11. Appointment and Removal of Trustees: Procedures for changing trustees and minimum number requirements
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
13. Registration and Compliance: Requirements for registration and ongoing compliance with Dutch regulations
1. Protector Provisions: Powers and duties of the protector, if one is appointed
2. Investment Provisions: Specific investment powers and restrictions, particularly relevant for trusts with substantial financial assets
3. Distribution Committee: Structure and powers of a distribution committee, if established
4. Charitable Purposes: Special provisions for charitable trusts or charitable elements
5. Foreign Element Provisions: Additional provisions for trusts with international aspects or assets
6. Tax Provisions: Specific provisions relating to tax treatment and compliance
7. Privacy and Confidentiality: Additional provisions regarding information sharing and confidentiality
8. Letter of Wishes: Reference to any letter of wishes from the settlor
9. Arbitration Clause: Alternative dispute resolution provisions
1. Schedule 1 - Initial Trust Property: Detailed inventory and description of all initial trust assets
2. Schedule 2 - Beneficiary Details: Full details of all beneficiaries including contact information and benefit entitlements
3. Schedule 3 - Administrative Provisions: Detailed procedures for trust administration and trustee meetings
4. Schedule 4 - Investment Guidelines: Specific investment policies and restrictions
5. Schedule 5 - Fee Schedule: Trustee remuneration and fee structure
6. Appendix A - UBO Registration Details: Information required for Dutch UBO register compliance
7. Appendix B - Tax Registration Information: Details for tax authority registration and compliance
8. Appendix C - Executed Powers of Attorney: Copies of relevant powers of attorney
9. Appendix D - Related Documents: List and copies of related trust documents and certificates
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