Sustainable Trust Services
Concept: To sustain and foster Dutch holding companies for long term service and administration.
Objective: To provide the substance, governance and regulatory oversight needed to protect the benefits attributed by the Dutch tax regime specifically in regard to accessing the large bilateral treaty network.
The Netherlands, in concert with the EU and OECD, has implemented legislation containing certain features that must be met by intermediary Dutch entities. This published list of requirements can be successfully achieved using the constructions that U&A has pioneered over the last 30 years to meet the evolving demands of legislation.
This includes but is not limited to;
- At least half of the total number of the statutory directors and the directors competent to make decisions are resident of the Netherlands.
- Selective and customized services for corporations.
- Close inter-relations with key departments and department heads within the organization.
- Local administration of the main bank accounts of the entity.
- Full compliance and transaction monitoring services as approved by the Dutch regulators used for all client and SPVs.
- Leased office premises staffed by full and/or part-time employees. Dedicated telephone and email facilities with reception.
Over the years, we have established strong relationships with Dutch and international banks, as well as a variety of professional service firms, both here in the Netherlands and further afield. This ensures that we remain abreast of current good business practice.
Preparation, presentation and maintenance of all aspects of the Company’s interim and annual accounting. Statements can be provided either on a monthly, quarterly or annual basis. Netherlands, Luxembourg, US or Canadian GAAP and IFRS standards can be integrated for reporting purposes.
Other related services offered are:
- Preparation of budgets, cash flow forecasts, consolidated accounts.
- Payroll administration and wage tax returns.
- VAT application completion and declarations.
- Clearing and settling of invoices and accounts payable and receivable.
- Organising and hosting with the Company’s auditors for the annual audit and related information and assistance.
- Approving and filing of the annual accounts, as required by law, to the Chamber of Commerce in a timely manner.
Assistance, advice and action on all legal issues usually in concert with the Company’s in-house legal, Dutch or Luxembourg legal advisors and any other legal/compliance officers who may be situated either in Luxembourg, the Netherlands or any other jurisdiction.
Functions performed include:
- Preparation, drafting, management and circulation of contracts, agreements and any other legal documents.
- Preparation and assistance of the transfer of shares and/or issuance of shares.
- Implementing and coordinating restructures of the Company and/or its holdings. Coordination documents relating to mergers, takeovers or divestments.
- Management and updating of the Articles of Association and other documents relating to the corporate governance of the Company.
Maintenance of the Company’s books and records including all filings with regulators, Chamber of Commerce, Dutch Central Bank and others. Drafting of corporate documents such as minutes, resolutions, proxies and maintaining the Shareholder’s Register. Parent and subsidiary reporting and relations are well documented and updated regularly as required.
The holding and recording of Management Board meetings, resolutions and decisions are a very important function of our offices and great emphasis is placed on the timeliness, frequency and diligent reporting of these issues. Shareholder meetings, resolutions and the like are equally important and regular events prepared and maintained by our offices. We further maintain and amend the Shareholder’s register as required.
We include in our base fee structure the assistance and help required for the formation of a client’s Dutch or Luxembourg entity. We are certified to act as a Liquidator should it be decided to liquidate the Dutch or Luxembourg entities.
