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Beneficial Owner Agreement

Beneficial Owner Agreement Template for Netherlands

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Key Requirements PROMPT example:

Beneficial Owner Agreement

"I need a Beneficial Owner Agreement under Dutch law for our tech startup with three individual owners, each holding more than 25% shares, to be implemented by March 2025, ensuring compliance with the latest UBO registration requirements."

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Document background
The Beneficial Owner Agreement is a crucial document required under Dutch law to formalize and verify the ultimate beneficial ownership of legal entities operating in the Netherlands. This agreement has become increasingly important following the implementation of the EU Anti-Money Laundering Directives and the Dutch UBO Register Implementation Act (Implementatiewet registratie uiteindelijk belanghebbenden). It serves as a formal record of beneficial ownership information, facilitates compliance with regulatory requirements, and helps organizations meet their obligations under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft). The agreement should be used when establishing or updating beneficial ownership records, particularly when registering information in the Dutch UBO register or when changes in ownership structure occur.
Suggested Sections

1. Parties: Identification of the contracting parties - the legal entity and the beneficial owner(s)

2. Background: Context of the agreement, including the purpose of documenting beneficial ownership and regulatory requirements

3. Definitions: Key terms including 'Beneficial Owner', 'Control', 'UBO Register', 'Ownership Interest' and other relevant terminology

4. Declaration of Beneficial Ownership: Formal declaration of beneficial ownership details including percentage ownership and nature of control

5. Rights and Obligations: Responsibilities of the beneficial owner including information provision and updating requirements

6. Information Requirements: Specific details required for UBO registration and ongoing compliance

7. Verification and Documentation: Requirements for verifying beneficial ownership information and maintaining supporting documentation

8. Compliance with Laws: Commitment to comply with relevant laws including Wwft and UBO registration requirements

9. Confidentiality: Provisions regarding the handling and protection of personal data and sensitive information

10. Duration and Updates: Term of the agreement and process for updating beneficial ownership information

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Beneficial Owners: Additional provisions for cases involving multiple beneficial owners, including their relationships and respective rights

2. Indirect Ownership Structures: Details of ownership through intermediate entities or complex corporate structures

3. Change of Control Provisions: Procedures and requirements in case of changes in beneficial ownership

4. Sanctions Compliance: Specific provisions relating to sanctions screening and compliance

5. Tax Reporting Obligations: Additional provisions regarding tax-related reporting requirements for beneficial owners

6. Power of Attorney: Authorization for the entity to submit UBO information to relevant authorities

7. Dispute Resolution: Detailed procedures for handling disputes, including mediation provisions

Suggested Schedules

1. Schedule 1 - Beneficial Ownership Details: Detailed information about the beneficial owner(s) including personal information, ownership percentages, and nature of control

2. Schedule 2 - Supporting Documentation: List of required supporting documents proving beneficial ownership

3. Schedule 3 - Corporate Structure Chart: Visual representation of the ownership structure including intermediate entities if applicable

4. Schedule 4 - UBO Register Requirements: Specific information required for UBO registration in the Netherlands

5. Appendix A - Contact Details: Contact information for notices and communications

6. Appendix B - Reporting Templates: Standard forms for reporting changes in beneficial ownership information

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
Relevant legal definitions






































Clauses






























Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Professional Services

Investment Management

Private Equity

Corporate Services

Trust and Company Services

Legal Services

Consulting

Healthcare

Technology

Manufacturing

Retail

Energy

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Company Secretariat

Regulatory Affairs

Corporate Services

Due Diligence

Know Your Customer (KYC)

Anti-Money Laundering (AML)

Relevant Roles

Compliance Officer

Legal Counsel

Corporate Secretary

Chief Legal Officer

Risk Manager

Company Director

Board Member

General Counsel

Governance Officer

AML Officer

Chief Compliance Officer

Corporate Governance Manager

Due Diligence Officer

KYC Analyst

Regulatory Reporting Officer

Industries







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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