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Supplemental Deed Of Trust

Supplemental Deed Of Trust Template for Netherlands

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Key Requirements PROMPT example:

Supplemental Deed Of Trust

"I need a Supplemental Deed of Trust under Dutch law to appoint two new trustees and remove one retiring trustee from our family trust, with the changes to take effect from March 1, 2025, ensuring compliance with Dutch regulatory requirements and notarial execution."

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Document background
A Supplemental Deed of Trust is utilized when modifications to an existing trust arrangement are required under Dutch law. This document type is essential for situations such as appointing new trustees, adding trust property, modifying distribution terms, or updating trust provisions to reflect changes in circumstances or legislation. The deed must be executed before a Dutch civil law notary and requires careful consideration of the Dutch Civil Code, particularly Books 3, 5, and 6, as well as the Trust Companies Supervision Act. The Supplemental Deed of Trust must maintain consistency with the original trust deed while clearly delineating all amendments and additions. It serves as a crucial tool for trust management and administration, ensuring that trust arrangements remain current and compliant with Dutch legal requirements while meeting the evolving needs of the trust's stakeholders.
Suggested Sections

1. Parties: Identification of all parties to the supplemental deed, including the trustee(s), settlor (if still involved), and any new parties being added

2. Background: Recitals explaining the existence of the original trust deed, its date and parties, and the reason for this supplemental deed

3. Definitions: Definitions of terms used in the supplemental deed, incorporating definitions from the original deed where applicable

4. Reference to Original Deed: Specific reference to the original trust deed being supplemented, including its date of execution and registration details

5. Authority for Amendment: Citation of the power or right to amend under the original deed or applicable law

6. Amendments: Clear statement of all modifications, additions, or deletions to the original trust deed

7. Confirmation: Confirmation that all other terms of the original deed remain unchanged and in full force and effect

8. Effective Date: Specification of when the amendments take effect

9. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

10. Execution Requirements: Requirements for proper execution, including notarial confirmation and registration details

Optional Sections

1. New Trustee Provisions: Required when the supplemental deed adds or replaces trustees, including their powers and responsibilities

2. Additional Trust Property: Used when new property or assets are being added to the trust

3. Modified Distribution Provisions: Included when changing beneficiary distributions or trust payment terms

4. Tax Provisions: Required when amendments have specific tax implications that need to be addressed

5. Duration Modifications: Used when changing the trust's duration or termination provisions

6. Investment Powers: Included when modifying the investment powers or restrictions of the trustees

7. Compliance Statements: Required when amendments need to address specific regulatory compliance requirements

Suggested Schedules

1. Schedule of Amendments: Detailed listing of all specific amendments to the original trust deed

2. Schedule of New Trust Property: Detailed description of any new property or assets being added to the trust

3. Schedule of Consents: Copies of all required consents from relevant parties

4. Original Trust Deed: Copy of the original trust deed being supplemented

5. Legal Opinions: Any required legal opinions confirming validity of amendments

6. Regulatory Approvals: Copies of any required regulatory approvals or confirmations

7. Certificate of Registration: Copy of registration certificate for the original deed

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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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