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Blind Trust Agreement Template for Netherlands

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Key Requirements PROMPT example:

Blind Trust Agreement

"I need a Blind Trust Agreement under Dutch law to be set up by March 2025, as I'm taking a position as a government minister and need to ensure complete separation from my investment portfolio, with particular emphasis on preventing any conflicts of interest with my ministerial duties."

Document background
The Blind Trust Agreement is a specialized legal instrument used when individuals, particularly public officials, executives, or those with potential conflicts of interest, need to establish a complete separation from their asset management. Under Dutch law, this agreement creates a structure where assets are managed by an independent trustee without the settlor's knowledge of specific investment decisions. The document comprehensively addresses trust establishment, asset transfer, management parameters, and communication protocols, all while ensuring compliance with Dutch regulatory requirements, including the Trust Offices Supervision Act 2018 and Financial Supervision Act. This arrangement is particularly crucial for individuals entering public service, executive positions, or situations where transparency and avoidance of conflicts of interest are paramount.
Suggested Sections

1. Parties: Identification of the settlor, trustee(s), and any other relevant parties such as trust protector or supervisory persons

2. Background: Context for establishing the blind trust, including the purpose of achieving independence from asset management

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

4. Establishment of Trust: Formal creation of the blind trust and transfer of assets

5. Independence Requirements: Strict provisions ensuring separation between settlor and trust management

6. Trustee Powers and Duties: Comprehensive outline of trustee authority and responsibilities

7. Communication Protocol: Strict rules governing communication between parties to maintain blindness

8. Asset Management Guidelines: General investment and management parameters while maintaining blindness

9. Reporting Requirements: Specifications for periodic reports while maintaining trust blindness

10. Compensation: Trustee fees and payment terms

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

12. Confidentiality: Confidentiality obligations of all parties

13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes

14. Amendment Provisions: Process for modifying the agreement

Optional Sections

1. Trust Protector: Section defining role and powers of a trust protector, used when additional oversight is desired

2. Business Interests Management: Specific provisions for managing company shares or business interests, used when trust includes business assets

3. International Assets: Special provisions for managing assets in multiple jurisdictions

4. Charitable Provisions: Guidelines for charitable giving from trust assets, if applicable

5. Successor Trustees: Detailed provisions for trustee succession, used in long-term trusts

6. Emergency Powers: Special provisions for emergency situations requiring deviation from normal procedures

7. Tax Coordination: Special provisions for tax reporting and coordination, used for complex asset structures

Suggested Schedules

1. Schedule A - Initial Trust Assets: Detailed inventory of assets initially transferred to the trust

2. Schedule B - Trustee Compensation: Detailed fee structure and payment terms

3. Schedule C - Approved Financial Institutions: List of institutions approved for holding trust assets

4. Schedule D - Reporting Templates: Standardized formats for periodic reports

5. Schedule E - Communication Procedures: Detailed protocols for all permitted communications

6. Appendix 1 - Investment Guidelines: Detailed investment parameters and restrictions

7. Appendix 2 - Conflict Check Procedures: Procedures for identifying and handling potential conflicts of interest

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses




























Relevant Industries

Financial Services

Government & Public Sector

Legal Services

Investment Management

Corporate Services

Trust & Fiduciary Services

Wealth Management

Political Organizations

Public Administration

Professional Services

Relevant Teams

Legal

Compliance

Corporate Governance

Wealth Management

Trust Administration

Risk Management

Executive Office

Corporate Secretariat

Financial Advisory

Investment Management

Relevant Roles

Public Official

Government Minister

Executive Director

Chief Executive Officer

Board Member

Political Candidate

Trust Officer

Compliance Manager

Wealth Manager

Legal Counsel

Financial Advisor

Trust Administrator

Risk Manager

Investment Manager

Corporate Secretary

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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