Securitization

NOVEMBER 2024 NEWSLETTER

Arcanum is an official trust office with a license from the Dutch Central Bank and can therefore sustainably provide fiduciary services to
Dutch entities such as BVs and Dutch foundations.

1. registered address in the commercial register, in combination with:
2. director services; and/or
3. other services.

For example Dutch foundations are used in so called Residential Mortgage Backed Securities (RMBS) deals in the Dutch real estate branch to collect the monthly mortgage payments.

Also, Dutch foundations are used as holding entities in the investments funds branch and real estate financing structures originating from Luxembourg and Germany.

Moreover, they are used in healthcare structures, in capital market structures and in other securitization structures originating from the EU member states.

Furthermore, Dutch foundations can be used as personal holding entities and in asset protection structures.

Arcanum can host Dutch foundations for the above purposes among others.
We are a small office and can offer direct, personal and confidential corporate services.

Through www.hd-dutchlawyers.com we offer various other legal services as well.

When the occasion arises please kindly consider our services.

It is a matter of trust.

Please contact Mr. Arnold C Hoegen Dijkhof, LL.M., director of Arcanum for your inquiries and orders.

Legal Development

The Dutch tax blacklist concerning non-cooperative jurisdictions for tax purposes has been updated as per 14 August 2024. Non cooperative are:

American Samoa, Anguilla, Antigua and Barbuda, Fiji, Guam, Palau, Panama, the Russian Federation, Samoa, Trinidad and Tobago, the US Virgin Islands and Vanuatu.

See: https://zoek.officielebekendmakingen.nl/stcrt-2024-27709.html

Banking

Protection of account holders by the Dutch Deposit Guarantee is being expanded

If your bank goes bankrupt, it does not necessarily mean that you lose all your bank deposits. Most banks fall under the Dutch deposit guarantee scheme. The maximum compensation is then € 100,000 per account holder, per bank, if certain conditions are met.
All banks with a Dutch banking license are covered by the deposit guarantee scheme. This is carried out by De Nederlandsche Bank (DNB). You can ask your bank whether your bank is covered by the deposit guarantee scheme. You can also look it up yourself in the Financial Supervision Act (Wft) register.
Private Limited Company (BV) - Is your company a BV? Then this has legal personality and your company is protected separately from your private accounts up to € 100,000.
From September 1st , 2024, the maximum compensation will be higher in some cases, up to a maximum of €500,000 on top of the standard maximum compensation of €100,000. For example if:
a one-off payment from a life insurance policy was deposited into your account;
if you received a one-off severance payment just before the bank went bankrupt.

See: www.dnb.nl

FATF removes Turkey from money laundering gray list.

See: www.cnbc.com

Legal development:

According to the Minister of Finance the trust service "acting as a director" (part of the definition of a
trust service) is being tightened to avoid ambiguity and circumvention. In addition, the definition of the domicile service plus additional activities (part b of the definition of
trust service) will be tightened.

See: https://www.parlementairemonitor.nl

Economics:

The Dutch Central Bank says that the upturn in the business cycle of the Dutch economy indicates that the recovery phase in the Dutch economy has commenced which is good news.

See: https://www.dnb.nl/en/general-news/dnbulletin-2024/turnaround-in-the-economy/

Legal development:

Taxation: Bahamas, Belize, Seychelles and Turks and Caicos Islands removed from the EU list of non-cooperative jurisdictions for tax purposes as per 20 February 2024. 

See: https://www.consilium.europa.eu/en/press/press-releases/2024/02/20/taxation-bahamas-belize-seychelles-and-turks-and-caicos-islands-removed-from-the-eu-list-of-non-cooperative-jurisdictions-for-tax-purposes/

EC High Risk Third Country list updated as per 12 December 2023.

See: https://finance.ec.europa.eu/financial-crime/high-risk-third-countries-and-international-context-content-anti-money-laundering-and-countering_en

New bill: every statutory director who is a director of more than one Dutch legal entity will soon need a Wtt 2018 trust license.

See: http://complianceplatformtrust.com/2023/10/06/vergunningplicht-bestuurder/

Arcanum has the required trust license. Feel free to contact us in order to discuss your situation and a possible solution.

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Foreign multinational corporations are already well known to play a sizable role in the Dutch economy. These corporations are mostly part of the non-financial corporations sector as recorded in the sector accounts framework. Due to the large size of foreign multinational corporations the Netherlands faces clear challenges to estimate gross national income accurately. As income received by foreign corporations is to be allocated to the foreign owners, consistency through the accounts from supply and use tables data to sector accounts data is important. The Netherlands has been receiving questions regarding the causes behind the large current account surplus where non-financial corporations play a significant role as well as questions regarding the risks related to the large debt levels the Dutch non-financial corporations have relative to gross national product. For statistical purposes, administrative purposes and interpretation purposes it is therefore important to split the non-financial corporations sector into subsectors to enhance the usability of the sector accounts data.  Source:  Non-Financial Corporations Split Into Subsectors by Ronald Nelisse, CBS.

Read further:

https://www.cbs.nl/-/media/_pdf/2022/38/report-subsectoring-nfcs.pdf

Herewith the link to the Credit Suisse Global Welath Report 2022

https://www.credit-suisse.com/media/assets/corporate/docs/about-us/research/publications/global-wealth-report-2022-en.pdf

Herewith a link to the Credit Suisse Global Wealth Report 2019

Company Formation Firm of the Year!

On behalf of the Selection Committee of the Leaders in Law - 2020 Global Awards, I am delighted to congratulate you on being the chosen winner for: Company Formation Firm of the Year in Netherlands.

We are proud to have had thousands of nominations, based on acknowledgements made by individuals working in legal and financial firms, the in-house counsel, and visitors of the Leaders in Law website (Leaders in Law). The merits of the nominees were carefully considered for each category of practices and regions worldwide. Your firm, along with the other recipients, stood out in demonstrating leading excellence of the highest standards.

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Published 10 October 2019

To read the article please follow the link below

The Netherlands first in Europe on the World Economic Forum competition list

By Ms. R. Ali, LL.B.

Published 28 August 2019

To read the article please follow the link below

Doing Business in The Netherlands by Arcanum Management

By Mr. Arnold C. Hoegen Dijkhof

Published 30 January 2018

The successful use of Dutch and Liechtenstein Foundations 

Last Saturday, 27 January 2018, was the day that Ingvar Kamprad, founder of IKEA, died at the age of 91 years. 
Mr Kamprad was a genius and built an impressive business.  
How was this business structured, basically speaking ? He worked with a Dutch and with a Liechtenstein foundation. 
Herein below the structure is shown, in an inversed way. The Dutch and the Liechtenstein foundations are on top. 

Stichting INGKA Foundation

The moral of this story is that the Dutch foundation is unbeatable. 
For more information on the Dutch foundation, we refer you to our website and if you have any questions about how to set up the foundation, and how to domicile, manage and administrate it and against which costs, our director Mr Arnold C. Hoegen Dijkhof, ac@arcanum.amsterdam, will gladly answer these questions. 

Published 9 November 2017

To read the article please follow the link below

AMSTERDAM IN TOP 10 MOST POPULAR REAL ESTATE CITIES

Published 27 November 2015

To read the article please follow the link below.

DUTCH FOUNDATION ARTICLE WITH FAQ

You can also read the article in the following languages:

CHINESE

HINDI

by Dr. Hans J. Hoegen Dijkhof 

Published 6 August 2015

To read the article please follow the link below

THE DUTCH NOTION OF INSTITUTION FOR THE GENERAL BENEFIT (ANBI)

by Mr. Arnold C. Hoegen Dijkhof, LL.M.