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MINDSTON promotes a new performing tool in French law, inspired by the anglo-american notion of a "trust": Fiducie - Trust

Fiducie-Trusts are set up through a legal act that creates a separation between legal ownership and economic ownership, and are administered by a transitory manager, the trustee.

Fiducie-Trusts out-perform many other financial structuring due to tax benefits at implemetation and very flexible legal documentation.

 

Fiducie-Trusts can be used in numerous situations involving real estate that can be split in two types:

 

  • Security purpose: an efficient mechanism to facilitate and strengthen the lending market. Fiducie-Trusts provide lenders with the best collateral (direct ownership) and allow debtors to enhance value of their assets at a lower cost. As a consequence it constitutes an alternative to plain vanilla mortgage financing and is more efficient and flexible than lease financing.

  • Management purpose: this tool can be used to create a virtual SPV (without any pre-determined formal structure) in order to organise asset carrying, defeasance or co-management (club deals, joint-ventures, mutual funds...)


MINDSTON provides assistance in setting up Fiducie-Trusts as well as managing underlying assets. 

 

Investment Management > Fiducie - Trust

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