NETHERLANDS Law and Practice Contributed by: Nathalie Idsinga and Mignon de Wilde, Arcagna
6. Roles and Responsibilities of Fiduciaries 6.1 Prevalence of Corporate Fiduciaries This is not applicable in the Netherlands. 6.2 Fiduciary Liabilities This is not applicable in the Netherlands. 6.3 Fiduciary Regulation This is not applicable in the Netherlands. 6.4 Fiduciary Investment This is not applicable in the Netherlands. 7. Citizenship and Residency 7.1 Requirements for Domicile, Residency and Citizenship Foreign nationals intending to reside in the Netherlands for more than three months must obtain a residence permit. Applications are submitted to the Immigration and Naturalisation Service (IND). In most cases, appli - cants must first obtain a regular provisional residence permit (MVV) before entering the Netherlands. For stays of less than three months, neither a residence permit nor an MVV is required; a visa is sufficient. Spe - cific rules apply to EU nationals, European Economic Area (EEA) nationals, and Swiss nationals, who do not require a permit. Foreign nationals staying in the Netherlands for more than four months are required to register with the Dutch Municipal Personal Records Database ( Basisregistratie Personen , or BRP). Employers must obtain a work permit before hiring a non-EU employee. Generally, a work permit is only granted if the employer can demonstrate that no suitable candidates are available in the Netherlands or elsewhere in the EU. Exemptions apply to highly skilled migrants (such as those who have completed a master’s, post-doctoral programme, or PhD at a designated foreign institution) and certain scientific researchers. Some professions in the Netherlands require employees to hold an appropriate certification. To obtain or regain Dutch citizenship, an adult gener - ally has two options: the “option procedure” or “natu -
ralisation”. The option procedure is available only to certain foreign nationals, but it is the fastest and sim - plest route to Dutch citizenship. For example, individ - uals may qualify after residing in the Netherlands for a specified period or if they are former Dutch citizens. The naturalisation process requires applicants to pass a civic integration test and is, generally, only available to individuals who have lived in the Netherlands at least five years. 7.2 Expeditious Citizenship There are no expeditious means for an individual to obtain Dutch citizenship. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms In the Netherlands, individuals under the age of 18 are considered minors. Minors may own assets, which are managed by their parents or legal guardian. A testator or donor may appoint an administrator other than the minor’s parents or guardian to manage these assets. In the event of loss of capacity, a court may place an individual under legal restraint. In such cases, a legal guardian is appointed to represent the incapaci - tated person. The court may also appoint a fiduciary administrator if an adult is unable to manage their own property. To plan for potential incapacity, an individual may execute a living will. A living will typically grants specific powers of attorney and may include medi - cal directives (such as a do not resuscitate order). A durable power of attorney, granted prior to incapacity, remains valid. Foreign powers of attorney are gener - ally recognised. For certain legal acts, such as mort - gaging real estate in the Netherlands, a notarial power of attorney is required. 8.2 Appointment of a Guardian In the case of loss of capacity, a person can be put under legal restraint by a court. A court order is also required if an adult is to be put under fiduciary admin - istration. The parents or guardian of a minor (a child under 18) need a court’s authorisation for certain legal acts
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