Asset Management Agreement (Real Estate) Template for Netherlands

An Asset Management Agreement (Real Estate) is essential when property owners seek to delegate the professional management of their real estate assets to specialized asset managers in the Netherlands. This document establishes the legal framework for this relationship, outlining the asset manager's authority to make decisions about property operations, investments, and strategy within agreed parameters. It incorporates Dutch regulatory requirements, including compliance with the Financial Supervision Act (Wft), real estate regulations, and environmental standards. The agreement is particularly relevant for institutional investors, property funds, and large property portfolios where professional management is required. It addresses key aspects such as service scope, decision-making authority, reporting requirements, fee structures, and risk allocation, while ensuring alignment with Dutch legal and regulatory frameworks.

1. Parties: Identification of the asset owner and asset manager, including registration details and regulatory status

2. Background: Context of the agreement, including brief description of the property portfolio and management objectives

3. Definitions and Interpretation: Key terms used throughout the agreement, including specific Dutch real estate terminology

4. Appointment and Scope: Formal appointment of asset manager and detailed scope of services

5. Authority and Limitations: Asset manager's decision-making authority, including monetary thresholds and matters requiring owner approval

6. Duties and Responsibilities: Detailed obligations of the asset manager, including property management, leasing, maintenance, and regulatory compliance

7. Compliance and Regulatory Requirements: Obligations regarding Dutch laws, regulations, and industry standards

8. Reporting and Administration: Regular reporting requirements, meetings, and record-keeping obligations

9. Fees and Expenses: Management fees, additional service fees, expense reimbursement, and payment terms

10. Representations and Warranties: Standard confirmations from both parties, including regulatory compliance and authority to contract

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Insurance: Required insurance coverage for both parties

13. Term and Termination: Duration of agreement, renewal provisions, and termination rights

14. Confidentiality and Data Protection: Obligations regarding confidential information and GDPR compliance

15. Force Majeure: Provisions for unforeseen circumstances affecting performance

16. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment