A trust is an agreement by which a settlor, whether a natural person or legal entity, transfers existing or future assets, rights or security interests to a trustee who holds them in a separate, special-purpose fund and acts in the interest of one or more beneficiaries.
Our team, with the experience of a leading Parisian trustee, can help you implement your agreements or create your business.
Given the extensive yet various uses of trusts, it is important to note that our firm does not act directly as a trustee.
Negotiating, creating, and executing a trust agreement
Our teams assist the parties to the trust agreement (the settlor(s), the beneficiary or beneficiaries, their respective representatives, the trustee, the “third-party protector”, etc.) throughout the different phases of the transaction:
- Negotiating and drafting the terms of the trust agreement
- Setting-up the trust and carrying out the various related formalities or procedures (depending on the nature of the assets transferred to the trust fund)
- Executing the trust agreement, and notably the management of the assets in accordance with the stipulations of the trust agreement. This phase also includes the signing of amendments and assisting with the reloading desired by the parties
- Terminating the trust agreement as well as the restitutions and formalities or steps related to it
- In the case of a security trust, enforcing security rights via mechanisms for allocating or disposing of fiduciary assets
Trust agreements are particularly flexible contracts organizing the transfer of any type of assets into special-purpose funds and their management by the trustee. The drafting and missions stipulated in the trust agreement differ widely depending on the nature of the assets transferred and the purpose of the trust agreement (i.e., trusts maybe designed to secure the local Job Protection Plan or to avoid exceeding a threshold in stock exchange law. They can cover a wide range of assets such as company securities, real estate assets or even brands).
Our trust team works alongside Deloitte’s other legal, tax, accounting, and finance teams to advise our clients in a global yet integrated manner according to the operation at stake.
Setting-up a trust business
We support professionals in the establishment of their business as fiduciaries. Our experts can provide assistance during the structuring of the practice, the drafting of trust agreements, as well as providing informative support for their clients. Our Regulatory and Compliance team are also involved in the projects to offering our clients a full-service package.
