Legal Templates
Trustee Declaration Form

Trustee Declaration Form for the Netherlands

Trustee Declaration Form Template for Netherlands

A formal declaration document used in the Netherlands by trustees to acknowledge and confirm their understanding of fiduciary duties, regulatory obligations, and compliance requirements under Dutch law. The document incorporates requirements from the Dutch Trust Supervision Act (Wet toezicht trustkantoren 2018), the Act on the Prevention of Money Laundering and Financing of Terrorism (Wwft), and other relevant Dutch legislation. It serves as both a compliance tool and a formal record of the trustee's acknowledgment of their responsibilities, including obligations related to UBO registration, anti-money laundering regulations, and financial supervision requirements.

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a critical document required in the Netherlands for individuals or entities acting as trustees, whether in a professional or personal capacity. While the Netherlands doesn't have a domestic trust law, it recognizes trusts through the Hague Trust Convention and regulates trust services through specific legislation including the Trust Supervision Act 2018. This document is typically required when a trustee is appointed, when regulatory requirements change, or when additional compliance confirmations are needed. It includes comprehensive declarations regarding understanding of fiduciary duties, regulatory compliance, anti-money laundering obligations, and UBO registration requirements. The form serves as evidence of the trustee's awareness and acceptance of their legal and regulatory obligations under Dutch law.

What sections should be included in a Trustee Declaration Form?

1. Declarant Information: Personal/corporate details of the trustee making the declaration

2. Trust Identification: Details of the trust arrangement, including name, date of establishment, and purpose

3. Legal Framework: Reference to applicable laws and regulations under which the declaration is made

4. Declarations: Core statements confirming understanding and acceptance of trustee duties

5. Regulatory Compliance: Confirmation of compliance with relevant regulatory requirements

6. Fiduciary Duties: Acknowledgment of fiduciary responsibilities and obligations

7. Anti-Money Laundering: Confirmation of understanding and compliance with AML obligations

8. Execution: Signature block and execution details

What sections are optional to include in a Trustee Declaration Form?

1. Professional Qualifications: For professional trustees, details of relevant qualifications and licenses

2. Conflicts of Interest: Declaration of any existing or potential conflicts of interest

3. Co-Trustee Arrangements: Details of co-trustees if applicable

4. Delegation Authority: Scope and limitations of authority to delegate duties

5. Remuneration: Details of trustee compensation arrangements if applicable

6. Resignation Provisions: Procedures and requirements for trustee resignation

7. Insurance Coverage: Details of professional indemnity insurance for professional trustees

What schedules should be included in a Trustee Declaration Form?

1. Trust Deed Summary: Summary of key terms from the trust deed

2. UBO Register Details: Information required for UBO registration

3. Compliance Checklist: Checklist of regulatory compliance requirements

4. Required Documentation: List of documents required to be maintained by the trustee

5. Contact Information: Details of relevant parties, advisors, and regulators

6. Risk Assessment: Assessment of key risks and mitigation measures

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

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Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant legal definitions
Trust
Trust Property
Trustee
Co-Trustee
Settlor
Beneficiary
Ultimate Beneficial Owner (UBO)
Trust Deed
Trust Office (Trustkantoor)
DNB
Wwft
Trust Services
Fiduciary Duties
Professional Trustee
Trust Administration
Governing Law
Regulatory Authority
Compliance Requirements
Due Diligence
Material Change
Reporting Obligations
Declaration
Bewind
Control
Trust Register
Risk Assessment
Delegation
Professional Indemnity Insurance
Conflicts of Interest
Resignation
Trust Assets
Trust Documentation
Applicable Regulations
Supervisory Authority
Compliance Officer
Anti-Money Laundering Obligations
Transaction Monitoring
Client Due Diligence
Sanctions Regulations
Professional Requirements
Clauses
Declarations and Acknowledgments
Regulatory Compliance
Fiduciary Duties
Anti-Money Laundering
Record Keeping
Confidentiality
Reporting Obligations
Risk Management
Conflicts of Interest
Professional Qualifications
Insurance Coverage
Due Diligence
Delegation Authority
Asset Administration
UBO Registration
Transaction Monitoring
Sanctions Compliance
Document Retention
Information Disclosure
Resignation Procedures
Professional Standards
Regulatory Reporting
Communication Requirements
Liability and Indemnification
Relevant Industries

Financial Services

Wealth Management

Corporate Services

Legal Services

Family Office Services

Private Banking

Estate Planning

Professional Services

Non-Profit Organizations

Charitable Foundations

Relevant Teams

Legal

Compliance

Risk Management

Trust Administration

Corporate Services

Wealth Management

Private Client Services

Regulatory Affairs

Company Secretariat

Financial Administration

Relevant Roles

Trust Officer

Compliance Manager

Legal Counsel

Risk Officer

Financial Director

Wealth Manager

Estate Planner

Trust Administrator

Company Secretary

Regulatory Affairs Officer

Private Client Manager

Foundation Board Member

Corporate Trustee

Managing Director

Compliance Officer

Industries
Hague Trust Convention (Convention on the Law Applicable to Trusts and on their Recognition): International treaty ratified by the Netherlands that provides the legal framework for recognizing and handling trusts, even though Dutch law doesn't have a domestic trust concept
Dutch Civil Code (Burgerlijk Wetboek) - Book 3, Title 6: Covers property law and includes provisions on fiduciary ownership (fiduciaire eigendom) and bewind (administration), which are relevant for trust-like arrangements
Financial Supervision Act (Wet op het financieel toezicht - Wft): Regulates financial services and institutions, including requirements for trustees providing trust services professionally
Act on the Prevention of Money Laundering and Financing of Terrorism (Wwft): Contains due diligence and reporting obligations for trustees, particularly regarding the identification of beneficial owners
Trust Supervision Act (Wet toezicht trustkantoren 2018): Specific legislation governing trust offices and professional trustees, including licensing requirements and operational standards
General Tax Act (Algemene wet inzake rijksbelastingen): Contains provisions relevant for tax reporting obligations of trustees and trust structures
Implementation Act for the UBO Register (Implementatiewet registratie uiteindelijk belanghebbenden): Requires registration of ultimate beneficial owners of trusts in the Dutch UBO register
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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