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Trust Management Agreement

Trust Management Agreement Template for Netherlands

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Key Requirements PROMPT example:

Trust Management Agreement

I need a Trust Management Agreement under Dutch law for a family-owned real estate investment company, with specific provisions for ESG compliance and quarterly reporting requirements, intended to take effect from March 1, 2025.

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Document background
The Trust Management Agreement is a critical document used when engaging a professional trust office in the Netherlands to manage assets or provide administrative services. This agreement type is specifically designed to comply with Dutch regulatory requirements, particularly the Trust Offices Supervision Act 2018 (Wet toezicht trustkantoren 2018) and related financial supervision laws. It establishes the framework for services such as asset management, corporate administration, and regulatory compliance, while defining the rights, obligations, and responsibilities of both the trust office and the client. The document is essential for ensuring proper governance, transparency, and regulatory compliance in trust relationships, incorporating specific provisions required by Dutch law and regulatory authorities such as De Nederlandsche Bank (DNB).
Suggested Sections

1. Parties: Identification of the Trust Manager and the Client/Settlor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, purpose of the trust arrangement, and brief description of the assets to be managed

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Appointment and Scope: Formal appointment of the trust manager and detailed scope of services to be provided

5. Trust Manager's Duties and Responsibilities: Comprehensive list of duties, responsibilities, and obligations of the trust manager

6. Client's Duties and Responsibilities: Obligations of the client including provision of information and cooperation requirements

7. Compliance and Regulatory Matters: Obligations regarding Dutch regulatory requirements, including Wwft compliance and reporting obligations

8. Fees and Expenses: Detailed fee structure, payment terms, and reimbursable expenses

9. Reporting and Communication: Requirements for regular reporting, frequency of updates, and communication protocols

10. Confidentiality and Data Protection: Confidentiality obligations and compliance with Dutch/EU data protection laws

11. Liability and Indemnification: Extent and limitations of liability, indemnification provisions compliant with Dutch law

12. Term and Termination: Duration of agreement, renewal terms, and termination provisions

13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Investment Policy: Required when the trust includes investment management services, defining investment objectives and restrictions

2. Anti-Money Laundering Provisions: Detailed AML procedures when dealing with high-risk clients or jurisdictions

3. Tax Reporting Obligations: Specific section for international clients requiring special tax reporting

4. Delegation of Duties: Required when certain duties may be delegated to third-party service providers

5. Force Majeure: Detailed force majeure provisions for specific circumstances affecting trust management

6. Intellectual Property Rights: Required when the trust manages IP assets or uses proprietary systems

7. Environmental, Social and Governance (ESG): Required when trust management includes ESG considerations or requirements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of all services to be provided by the trust manager

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods

3. Schedule 3 - Reporting Requirements: Specific reporting formats, frequencies, and content requirements

4. Schedule 4 - Contact Details and Authorized Persons: List of key contacts and persons authorized to give instructions

5. Schedule 5 - Assets Under Management: Initial list and description of assets placed under trust management

6. Appendix A - KYC Requirements: Documentation requirements for Know Your Customer compliance

7. Appendix B - Power of Attorney: Standard form of power of attorney if required for trust management activities

8. Appendix C - Compliance Procedures: Detailed compliance procedures and requirements specific to the trust arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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




















































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Relevant Industries

Financial Services

Wealth Management

Corporate Services

Private Banking

Family Office Services

Asset Management

Professional Services

Legal Services

Investment Management

Real Estate Management

Relevant Teams

Legal

Compliance

Risk Management

Corporate Services

Client Relations

Operations

Finance

Executive Management

Administration

Wealth Management

Asset Management

Company Secretarial

Relevant Roles

Trust Manager

Compliance Officer

Legal Counsel

Risk Manager

Financial Director

Company Secretary

Asset Manager

Relationship Manager

Board Member

Managing Director

Corporate Services Manager

Operations Director

Chief Financial Officer

Chief Legal Officer

Chief Compliance Officer

Private Client 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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