Sworn Affidavit By Independent Trustee for the Netherlands

Sworn Affidavit By Independent Trustee Template for Netherlands

A Sworn Affidavit by an Independent Trustee is a formal legal document used in the Netherlands, governed by Dutch law and supervised under the Trust Offices Supervision Act 2018 (Wtt 2018). This document serves as a formal declaration under oath where an independent trustee makes specific statements or confirmations regarding trust matters, compliance issues, or other relevant circumstances. The affidavit must be executed before a Dutch notary public and comply with local notarial laws and regulations. It carries significant legal weight and can be used for regulatory compliance, legal proceedings, or formal trust administration matters.

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What is a Sworn Affidavit By Independent Trustee?

The Sworn Affidavit By Independent Trustee is a critical legal instrument in Dutch trust administration and compliance frameworks. It is typically required when formal declarations are needed regarding trust matters, regulatory compliance, or specific trust-related circumstances that require official verification. Used extensively in the Netherlands' trust sector, this document must comply with the Trust Offices Supervision Act 2018 (Wtt 2018) and related regulations. The affidavit serves multiple purposes, including confirming compliance with anti-money laundering regulations, verifying trust assets or beneficiary matters, and documenting important trust-related decisions or circumstances. It requires notarization and can be used in legal proceedings, regulatory submissions, or as part of formal trust administration records.

What sections should be included in a Sworn Affidavit By Independent Trustee?

1. Opening Statement and Identification: Formal opening declaring this as a sworn affidavit, including full legal name, professional address, and capacity of the trustee

2. Trustee Qualifications: Statement of professional qualifications, licenses, and confirmation of status as independent trustee under Dutch law

3. Trust Identification: Details of the trust(s) for which the affidavit is being made, including registration numbers and dates of establishment

4. Basis of Knowledge: Declaration of how the trustee has direct knowledge of the matters being sworn to

5. Statement of Facts: Numbered paragraphs containing the specific facts and circumstances being sworn to

6. Declaration of Truth: Formal statement confirming that all information provided is true and accurate to the best of the trustee's knowledge

7. Compliance Statement: Confirmation of compliance with relevant Dutch laws and regulations, including Wtt 2018 and Wwft

8. Execution Block: Date, signature block, and notary attestation section

What sections are optional to include in a Sworn Affidavit By Independent Trustee?

1. Conflict of Interest Declaration: Required when the trustee needs to explicitly address potential conflicts of interest

2. Financial Statement Verification: Include when the affidavit relates to financial matters or account verifications

3. Beneficiary Confirmation: Used when specifically addressing matters related to trust beneficiaries

4. Third Party Declarations: When referencing statements or actions of other parties relevant to the matter

5. Prior Actions and Decisions: Include when referencing historical trust decisions or actions relevant to the current declaration

6. Regulatory Compliance Details: Detailed section on specific regulatory compliance matters when the affidavit relates to regulatory issues

What schedules should be included in a Sworn Affidavit By Independent Trustee?

1. Professional Credentials: Copies of relevant professional licenses and certifications

2. Trust Documentation: Relevant excerpts from trust deeds or amendments referenced in the affidavit

3. Supporting Evidence: Documents supporting the facts stated in the affidavit

4. Regulatory Filings: Copies of relevant regulatory filings or correspondence referenced in the affidavit

5. Authority Documentation: Documents establishing the trustee's authority to make the declaration

6. Translation Certificate: If any documents are translated, certified translations must be included

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Trust Services

Real Estate

Asset Management

Estate Planning

Corporate Services

Legal Services

Wealth Management

Private Banking

Relevant Teams

Legal

Compliance

Risk Management

Trust Administration

Corporate Services

Regulatory Affairs

Company Secretariat

Financial Control

Operations

Client Services

Relevant Roles

Trust Officer

Compliance Officer

Legal Counsel

Notary Public

Risk Manager

Trust Administrator

Corporate Trustee

Regulatory Affairs Manager

Trust Director

Wealth Manager

Company Secretary

Financial Controller

Managing Director

Compliance Manager

Legal Director

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