What is a fiduciary company?
Fiduciary companies are companies that deal with the administration of assets conferred by a person, a natural or legal person, according to the prescriptions given by them.
To this end, the customer, transfers the ownership of certain rights, e.g. movable, immovable property, shareholdings in companies, inheritances and so on, in favor of the trust company, which merely manages them according to the provisions contained in an agreement between the parties.
Fiduciary companies do not become owners of the assets and rights entrusted to them, but implement a clear separation between the assets managed in favor of the trustee and that of the trust company.
In this way, the assets and rights transferred to the fiduciary companies are subtracted from the actions of the creditors of these companies and therefore remain subject to the actions of the creditor’s creditors only.
However, for the creditors of the trustee, it is not at all easy to identify the assets that the debtor holds through a trust company, by virtue of the principle of trust secrecy.
For these reasons, the fiduciary agreement, together with the trusts and the wealth fund, are institutions used for wealth planning.
Implications of Fiduciary Secrecy:
A fundamental characteristic of the fiduciary relationship is therefore the confidentiality secret.
In business practice the principle of confidentiality has several effects on creditors:
The major limitation is the inability to identify from the examination of public documents, public and cadastral registers, the name of the owner of the property and the title conferred in the trust company. As reference of the owner, the only indication of the fiduciary is found.
If you consider yourself to be a creditor of a natural person who presumably, on the basis of a suspicion, holds, through a fiduciary company, shares in different companies, in order to identify the actual ownership of the shares, well little would be needed to carry out a company registration check.
the administration of real estate and shares including inheritances, donations, foundation assets, the administration in the name of the customer of securities. custody of securities
Reasons and purposes of the fiduciary mandate:-
The economic and social reasons behind the establishment of a fiduciary mandate are essentially: ensure the confidentiality of the actual ownership of the assets and of the shareholdings; ensure confidentiality in commercial initiatives; coordinate the control of several shareholdings in different companies; create a third custodian of securities and shares; assume the common representation of bonds and savings shareholders; make it possible to reorganize movable assets by setting up parent companies; to allow the generational transfer of family assets, ensuring management continuity.