Fiducie

The « Fiducie », the French version of the trust, was introduced in the French legal system by a law dated February the 19th, 2007 and the addition of articles 2011 and following in the French civil code. The French trust is defined as follows: “The Fiducie is an operation by which one or several settlors transfer assets, rights or collaterals or a collection of assets, rights and collaterals, existing or future to one or several “Fiduciaires” [corporate trustee] who, holding them separately from their own estate, act for a specific purpose for the benefit of one or several “beneficiaires”.”

Presentation of the corporate trustee

Pursuant to article 2015 of the French civil code, only banks, insurance companies, investment companies and lawyers admitted to the bar can operate as corporate trustees.

The corporate trustee’s duties and rights as a trustee is based on the ownership transfer. Its mission is described in the agreement.

Equitis as corporate trustee

Equitis has been operating as a corporate trustee since 2008 and has become a reliable third party for many financial institutions (banks, insurance companies, private equity companies), settlors or beneficiaries of the trusts it manages, for all kinds of assets.

Equitis’ team brings together all the expertise needed to manage trust assets (legal, accounting, finance, asset management, etc. …).

As it has been practicing asset management for more than fifteen years, Equitis also provides a well-known experience which enables it to participate in the structuration of financing and refinancing operations, merger and acquisition or restructuring issues.

Equitis offers several services:

Consulting on the structuration of the operation: Equitis is involved in the elaboration of the operation and helps drafting the agreement, considering financial and legal issues. Equitis’ team also assists the parties and their counsel with the structuration of the project until the closing.

Trust assets management: Equitis actively or passively manages the assets depending on the nature of the assets and the parties’ interests. The mission can last up to 99 years.

Termination of the trust: the enforcement of the collateral trust is fully managed by Equitis regardless the nature of the assets. The wide range of its professional network enables it to complete fully autonomously tasks such as economic valorisation, return of the assets to the settlor, attribution or the sale of the assets. Equitis also collaborates with various experts and the parties’ counsels as part of its asset management mission.