BRP Country Manual Trustee
Netherlands
| SOURCE OF CHANGES | ANSWERS |
|---|---|
| Law/Regulation | Yes |
| New Position of the Authorities | No |
| Evolution of Expert’s interpretation | No |
BRP has published its latest Country Manual Trustee for
Netherlands
Regulatory Summary and Behaviour Template
Material changes
The Act on the Supervision of Trust Offices 2018 (“WTT 2018”) was revised this year. A few changes were made, such as the definition of ‘trust offices’ and ‘trust services’, but this has not resulted in any changes to our approach or responses.
Non-material changes
We took advantage of this update to revise the wording of certain sentences.
We also added some information on wealth planning and real estate activities in the Netherlands.
The behaviour rules have been made more precise.
The section on anti-avoidance rules has been updated, in particular the list of low-tax jurisdictions.
Behaviour Template
The changes are as follows:
Since reverse solicitation appears to be recognised onsite (no formal rules), negotiation activities at the client’s request seem permitted under conditions. Similarly, if the trustee undertakes pre-contractual activities via remote means of communication based on a relationship initiated in accordance with cross-border rules, there is no prior solicitation of a regulated service; active trustee services could be undertaken remotely under this condition.
To maintain a consistent approach, responses have been aligned with CM Private Banking for referring a Custodian Bank, Investment Advisor or Asset Manager.
For more information, please contact us: info@brpsa.com
Geneva, November 18th, 2025