Fundamentals of Fiducie

Fiducie is the French equivalent to the Trust in English law. It is a contract by which the Settlor (le Constituant) transfers the legal ownership of assets or rights, present or future, to a Trustee (le Fiduciaire), who keeps that property isolated from his own estate and acts in a pre-agreed manner to the benefit of another party (le Beneficiaire).

Management Trust

Management Trust consists in the transfer of a property to the Trustee with the view to managing it for the good of the Beneficiary. The goal is to isolate an asset in order to secure an existing or potential liability or to steer its cash-flows and value to pre-agreed uses.

Collateral Trust

Collateral Trust is set up to facilitate financing in a bankruptcy-remote manner. The borrower transfers an asset to the Trustee in order to guarantee the reimbursement of its debt. After repayment, assets are returned to the borrower. In case of default, they are used to repay the lender.

Resting on the impartiality of the Trustee and on the contractual nature of the Trust deed, interests of parties are preserved in a directed and balanced way.