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Bare Trust Deed

Bare Trust Deed Template for Netherlands

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Key Requirements PROMPT example:

Bare Trust Deed

"I need a Dutch law Bare Trust Deed for holding a commercial property in Amsterdam, with ABC Property Management B.V. as trustee and XYZ Investments B.V. as beneficiary, to be effective from March 1, 2025."

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Document background
The Bare Trust Deed is essential for creating simple trust arrangements under Dutch law, particularly useful in situations requiring nominal ownership separation while maintaining beneficial owner control. While trusts are not a native concept in Dutch law, they are recognized through the Netherlands' adoption of the Hague Trust Convention. A Bare Trust Deed is commonly used in property holding, asset protection, and nominee arrangements where the trustee's role is purely administrative. The document explicitly defines the passive nature of the trustee's role, the absolute rights of the beneficiary, and includes all necessary provisions for compliance with Dutch legal requirements and the Hague Trust Convention principles.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and Beneficiary(ies)

2. Background: Context of the trust creation, including the intention to create a bare trust and brief description of the trust property

3. Definitions and Interpretation: Definitions of key terms used in the deed and rules for interpretation

4. Declaration of Trust: Formal declaration establishing the bare trust and confirming the trust property

5. Nature of Trust: Clear statement that this is a bare trust where the trustee holds legal title only and must act on beneficiary instructions

6. Trust Property: Detailed description of the assets being placed in trust

7. Trustee Powers and Duties: Limited powers of the trustee, emphasizing passive role and duty to follow beneficiary instructions

8. Rights of Beneficiary: Absolute right of the beneficiary to direct the trustee and call for the trust property

9. Administrative Provisions: Basic administrative matters including appointment and removal of trustees

10. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes

11. Execution: Execution block for formal signing of the deed

Optional Sections

1. Tax Declarations: Include when specific tax treatment needs to be documented or clarified

2. Multiple Trustees Provisions: Include when more than one trustee is appointed, detailing how they must act

3. Trustee Remuneration: Include if trustees are to be compensated for their services

4. Delegation Powers: Include if trustees need power to delegate certain administrative functions

5. Trust Duration: Include if the trust is intended to terminate at a specific time or event

6. Anti-Money Laundering Compliance: Include detailed AML provisions if required by the nature of the trust property or parties involved

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of all assets placed in trust

2. Schedule 2 - Initial Trust Property Receipt: Formal acknowledgment by trustee of receipt of trust property

3. Schedule 3 - Trustee Administrative Provisions: Standard administrative provisions regarding trustee appointment, removal, and succession

4. Appendix A - Copy of Beneficiary Instructions: Standard form for beneficiary instructions to trustee

5. Appendix B - Transfer Forms: Standard forms for transferring trust property to and from the trust

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Real Estate

Asset Management

Private Banking

Wealth Management

Investment Services

Family Office Services

Professional Services

Legal Services

Relevant Teams

Legal

Compliance

Wealth Management

Asset Management

Trust Administration

Risk Management

Private Banking

Corporate Services

Investment Services

Property Management

Relevant Roles

Legal Counsel

Trust Officer

Wealth Manager

Asset Manager

Private Banker

Corporate Lawyer

Notary

Trust Administrator

Compliance Officer

Estate Planner

Financial Advisor

Property Manager

Investment Manager

Risk Manager

Industries








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