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Trust Fund Agreement

Trust Fund Agreement Template for Netherlands

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Key Requirements PROMPT example:

Trust Fund Agreement

I need a Trust Fund Agreement under Dutch law to establish an educational trust fund by March 2025, with three universities as beneficiaries and specific investment restrictions limiting investments to sustainable and ESG-compliant assets only.

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Document background
The Trust Fund Agreement is a crucial document used when establishing a managed fund structure under Dutch law, typically employed when there's a need to separate the legal ownership and management of assets from their beneficial ownership. This agreement type is particularly relevant in scenarios involving wealth management, charitable foundations, or corporate fund structures. The document comprehensively details the rights and obligations of all parties involved, including settlors, trustees, and beneficiaries, while ensuring compliance with Dutch financial regulations and civil law requirements. Trust Fund Agreements must specifically address Dutch legal requirements, including the Financial Supervision Act (Wft) and Anti-Money Laundering regulations, while providing clear guidelines for fund administration, investment policies, and distribution mechanisms. The agreement serves as the foundational document governing the entire trust relationship and operation.
Suggested Sections

1. Parties: Identification of all parties including the settlor(s), trustee(s), and any protector or enforcer

2. Background: Context of the trust fund establishment and its primary objectives

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Establishment of Trust: Legal establishment of the trust fund, including initial contribution and purpose

5. Appointment and Powers of Trustee: Detailed powers and responsibilities of the trustee(s)

6. Trust Fund Administration: Rules for managing and administering the trust fund

7. Investment Powers and Restrictions: Parameters for investment decisions and any restrictions

8. Distribution Rules: Rules governing distributions to beneficiaries

9. Beneficiary Rights and Interests: Definition of beneficiary rights and entitlements

10. Accounting and Reporting: Requirements for financial reporting and account maintenance

11. Fees and Expenses: Structure of fees and allocation of expenses

12. Term and Termination: Duration of the trust and conditions for termination

13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction

14. Amendments: Procedures for amending the trust agreement

15. Miscellaneous Provisions: Standard legal provisions including notices, severability, and entire agreement

Optional Sections

1. Protector Provisions: Include when a trust protector is appointed to provide additional oversight

2. Multiple Settlor Provisions: Required when there are multiple settlors contributing to the trust

3. Investment Committee: Include when an investment committee is established to guide investment decisions

4. Tax Provisions: Specific tax-related provisions when complex tax structures are involved

5. Successor Trustee Provisions: Detailed provisions for trustee succession when specifically required

6. Force Majeure: Include when specific circumstances might affect trust operations

7. Anti-Money Laundering Compliance: Detailed AML provisions when dealing with high-risk jurisdictions or complex structures

8. Privacy and Data Protection: Additional privacy provisions when handling sensitive personal data

Suggested Schedules

1. Schedule 1 - Initial Trust Fund: Details of initial assets or funds contributed to the trust

2. Schedule 2 - Investment Policy Statement: Detailed investment guidelines and restrictions

3. Schedule 3 - Fee Schedule: Comprehensive breakdown of all fees and charges

4. Schedule 4 - Beneficiary Details: List of beneficiaries and their respective interests

5. Schedule 5 - Reporting Requirements: Specific formats and timeframes for various reports

6. Schedule 6 - KYC Requirements: Required documentation for Know Your Customer compliance

7. Appendix A - Contact Details: Contact information for all relevant parties

8. Appendix B - Operating Procedures: Detailed procedures for day-to-day trust administration

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Assets
Authorized Representative
Beneficiary
Business Day
Confidential Information
Custodian
Distribution Date
Effective Date
Eligible Investments
Encumbrance
Financial Year
Force Majeure Event
Fund Documents
Initial Contribution
Investment Committee
Investment Guidelines
Investment Manager
Investment Period
Management Fee
Net Asset Value
Parties
Protector
Reporting Period
Settlor
Successor Trustee
Tax
Term
Trust
Trust Account
Trust Fund
Trust Period
Trust Property
Trustee
Trustee Acts
Valuation Date
Voting Rights
Wft
Wwft
Relevant Industries

Financial Services

Asset Management

Banking

Philanthropy

Wealth Management

Family Office Services

Corporate Services

Investment Management

Non-Profit

Private Equity

Relevant Teams

Legal

Compliance

Finance

Risk Management

Investment

Wealth Management

Corporate Services

Tax Advisory

Client Relations

Trust Administration

Relevant Roles

Legal Counsel

Trust Manager

Fund Administrator

Compliance Officer

Investment Manager

Wealth Manager

Financial Advisor

Risk Manager

Corporate Trustee

Tax Advisor

Private Client Manager

Portfolio Manager

Trust Officer

Managing Director

Relationship Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek) - Book 3: Contains fundamental provisions on property law, including trust-like arrangements (bewind) and property rights
Dutch Civil Code (Burgerlijk Wetboek) - Book 7: Covers special agreements and contracts, including provisions relevant to fund management and fiduciary relationships
Financial Supervision Act (Wet op het financieel toezicht - Wft): Regulates financial institutions and services, including requirements for trust fund management and supervision
Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft): Establishes requirements for customer due diligence and transaction monitoring in financial arrangements
Dutch Trust Offices Supervision Act (Wet toezicht trustkantoren 2018): Specific regulations for trust offices and their activities in the Netherlands
Dutch Personal Data Protection Act (AVG/GDPR): Regulates the processing of personal data, relevant for managing beneficiary information
Dutch Tax Law (Wet op de vennootschapsbelasting 1969): Contains provisions on taxation of trusts and trust-like structures in the Netherlands
EU Alternative Investment Fund Managers Directive (AIFMD): European regulations affecting fund management and administration, if the trust fund qualifies as an alternative investment fund
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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