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Trust Operating Agreement
I need a Trust Operating Agreement under Dutch law for a family-owned real estate portfolio, with specific provisions for sustainable investment criteria and quarterly distributions to beneficiaries, to be implemented by March 2025.
1. Parties: Identification of all parties including the trustee(s), trust manager(s), and any other relevant parties
2. Background: Context of the trust establishment and purpose of the operating agreement
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Trust Structure and Purpose: Detailed description of the trust structure, its objectives, and scope of operations
5. Appointment and Removal of Trustees: Procedures for appointing and removing trustees, including succession planning
6. Powers and Duties of Trustees: Detailed outline of trustee responsibilities, authority, and limitations
7. Decision Making Process: Procedures for trust-related decisions, including voting mechanisms and quorum requirements
8. Asset Management: Guidelines for managing trust assets, investment policies, and risk management
9. Administrative Provisions: Day-to-day operational procedures and administrative responsibilities
10. Financial Management: Financial reporting requirements, accounting standards, and audit procedures
11. Compliance Requirements: Regulatory compliance obligations under Dutch law and relevant regulations
12. Liability and Indemnification: Scope of trustee liability and indemnification provisions
13. Termination and Amendment: Conditions and procedures for terminating or amending the agreement
14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Beneficiary Rights and Communications: Include when beneficiaries have specific rights or communication protocols need to be established
2. Investment Committee: Include when the trust requires a separate investment committee structure
3. Distribution Policy: Include when the trust involves regular distributions to beneficiaries
4. Tax Provisions: Include when specific tax planning arrangements need to be documented
5. Conflict Resolution: Include when specific dispute resolution mechanisms beyond court jurisdiction are desired
6. Environmental, Social and Governance (ESG) Policy: Include when the trust has specific ESG investment or operational requirements
7. Cross-Border Operations: Include when the trust operates in multiple jurisdictions
1. Initial Trust Assets: Detailed inventory of assets initially placed in the trust
2. Fee Schedule: Structure of trustee and administrative fees
3. Investment Guidelines: Detailed investment policies and restrictions
4. Administrative Procedures Manual: Detailed operational procedures and workflows
5. Reporting Templates: Standard formats for required financial and operational reports
6. Compliance Checklist: List of regulatory requirements and compliance procedures
7. Key Contact Information: Contact details for all relevant parties and service providers
8. Power of Attorney Forms: Standard forms for delegating specific authorities
Authors
Financial Services
Wealth Management
Private Banking
Estate Planning
Corporate Services
Investment Management
Family Office Services
Professional Services
Real Estate
Philanthropy
Asset Management
Private Equity
Legal
Compliance
Trust Administration
Asset Management
Risk Management
Finance
Tax Advisory
Wealth Management
Corporate Secretariat
Investment
Operations
Client Services
Regulatory Affairs
Trust Manager
Legal Counsel
Compliance Officer
Financial Director
Trust Administrator
Asset Manager
Investment Manager
Risk Manager
Tax Advisor
Wealth Manager
Corporate Secretary
Trust Operations Director
Financial Controller
Private Client Advisor
Estate Planner
Trust Account Manager
Regulatory Compliance Manager
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