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Deed Of Beneficial Ownership

Deed Of Beneficial Ownership Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Beneficial Ownership

"I need a Deed of Beneficial Ownership under Dutch law for our technology startup's holding structure, where we have three individual UBOs each holding 33.33% ownership, with one UBO residing outside the EU - the document needs to be ready for implementation by March 2025."

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Document background
The Deed of Beneficial Ownership is a critical document used in the Netherlands to formally establish and record the ultimate beneficial ownership structure of legal entities. This document became particularly important following the implementation of the UBO Register requirements in September 2020, which mandated all Dutch entities to register their ultimate beneficial owners. The deed provides comprehensive information about ownership percentages, control structures, and economic rights, serving as a foundational document for UBO registration and ongoing compliance with Dutch anti-money laundering regulations. It is especially relevant for international businesses, holding companies, and complex corporate structures operating in or through the Netherlands, where transparency in ownership is a key regulatory requirement. The document helps organizations demonstrate compliance with both Dutch national legislation and EU directives regarding beneficial ownership transparency.
Suggested Sections

1. Parties: Identification of all parties involved, including the legal entity, current registered owners, and beneficial owners

2. Background: Context of the beneficial ownership arrangement, including the reason for the deed and relevant corporate structure

3. Definitions: Definitions of key terms used in the deed, including 'beneficial owner', 'control', 'interest' as per Dutch law

4. Declaration of Beneficial Ownership: Clear statement of beneficial ownership percentages, nature of ownership and control

5. Nature of Benefits: Detailed description of the economic and voting rights attached to the beneficial ownership

6. Control Structure: Description of how control is exercised, including direct and indirect control mechanisms

7. Obligations and Responsibilities: Duties of the beneficial owner, including compliance with reporting requirements and updates

8. UBO Register Requirements: Specific provisions relating to UBO registration requirements under Dutch law

9. Anti-Money Laundering Compliance: Declarations and provisions ensuring compliance with Wwft requirements

10. Duration and Termination: Terms regarding the duration of the beneficial ownership arrangement and conditions for termination

11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

Optional Sections

1. Nominee Arrangements: Required when nominees are involved in the ownership structure, detailing their role and responsibilities

2. Trust Provisions: Required when the beneficial ownership involves trust structures

3. Security Interests: Required when the beneficial ownership is subject to any security interests or encumbrances

4. Change of Control Provisions: Optional provisions regarding procedures for changes in beneficial ownership

5. Confidentiality: Optional provisions regarding the confidentiality of ownership information, subject to legal disclosure requirements

6. Tax Representations: Required when specific tax implications need to be addressed

7. Power of Attorney: Required when authority is delegated to representatives for UBO-related matters

Suggested Schedules

1. Ownership Structure Chart: Visual representation of the complete ownership and control structure

2. Identity Documentation: Copies of identification documents of beneficial owners and relevant parties

3. Corporate Documentation: Relevant corporate documents evidencing the ownership structure

4. UBO Register Forms: Completed UBO registration forms required by Dutch authorities

5. Previous Ownership Records: Historical ownership information if relevant to the current structure

6. Due Diligence Documentation: Supporting documentation for AML/KYC compliance

7. Tax Residency Certificates: Where relevant, certificates of tax residency for beneficial owners

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Banking

Professional Services

Real Estate

Investment Management

Private Equity

Corporate Services

International Trade

Holding Companies

Trust and Fiduciary Services

Legal Services

Consulting

Manufacturing

Technology

Energy

Relevant Teams

Legal

Compliance

Corporate Governance

Finance

Tax

Risk Management

Corporate Secretariat

Regulatory Affairs

Treasury

Investment Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Corporate Secretary

Compliance Officer

Legal Counsel

General Counsel

Corporate Governance Officer

Risk Manager

Company Director

Head of Regulatory Affairs

Finance Director

Tax Director

Company Secretary

UBO Compliance Manager

Corporate Services Manager

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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