TRUST LEGAL ADVISORS

Types of Trusts for transfer of ownership in restricted zone

01

ADMINISTRATION AND INVESTMENT TRUSTS.

In these trusts, ownership of assets is transferred to a trustee to manage them in accordance with the provisions of the settlor, allocating the proceeds thereof to the fulfillment of a specific purpose.

The settlor gives a certain amount of money to the Fiduciary Institution, so that it manages, invests and reinvests it in titles or securities with the highest possible profitability and security, generally for the benefit of the settlor, or other persons designated by him.

In this class of trusts there is the security and productivity of the invested capital and the certainty of the application of this and its products, additionally having the advantage of being able to celebrate with a testamentary clause, in the case of natural persons.

BENEFITS

The control of all investments is managed through the trust. It ensures having the best rate performance, according to the market. The destination of the resources is assured.

A Technical Committee can be created to be in charge of instructing the Trustee.

02

TRUSTS FOR LEGAL ENTITIES.

Guarantee Trust.

It is the one through which the settlor transfers to the fiduciary institution the ownership of certain assets, in order to guarantee the trustee the fulfillment of an obligation and his preference in payment. In case of non-compliance, the fiduciary institution verifies it and, if verified, executes the estate, which may consist of the direct transmission to the trustee, or the sale or auction of the asset so that its proceeds are transferred to it.

BENEFITS

  • Extrajudicial Execution
  • Procedure Execution Costs
  • Execution Time (vs Foreclosure Proceedings)

Payment Source Trust

It is a trust in which the trustor transfers the ownership of certain assets to the fiduciary institution, with the purpose of serving as a direct or alternative payment vehicle for the obligations incurred by the trustor under credits or debt recognition, among others.

BENEFITS

  • Remnant Delivery
  • Legal Certainty
  • Costs

Infrastructure Trust.

It mainly meets the needs and requirements of federal, state or municipal public service concession companies (eg Highways, Social Readaptation Centers, Hospitals and Wind Farms) for the development and maintenance of the project.

BENEFITS

  • Administrative transparency
  • Operational Agility
  • Right to Appoint or Remove a TC
  • Budget Control
  • Accountability

Social Welfare Trust

These are funds established by private companies or public sector agencies and entities in favor of their employees, as a supplement to the plans established by Social Security institutions for such purposes. These types of trusts are:

Savings Fund. A fund is established with contributions from the company and the employees, whose main purpose is to promote savings and grant loans to participating workers.

Pension Plan. Companies establish a reserve for the payment of pensions or retirements of their personnel, complementary to those established by Afores and the Social Security Law, and whose main objective is to ensure that workers have a financial asset at the time of their retirement."

BENEFITS

  • Administrative Transparency
  • Fiscal Benefits
  • Individualization of Accounts
  • Protect and safeguard assets against any contingency of the company

03

TRUSTS FOR INDIVIDUALS AND LEGAL PERSONS

Inheritance Patrimonial Trust.- Allows the Settlor to establish the rules to manage, invest and adjudicate the patrimony during his life, or in cases of total and permanent disability or death.

BENEFITS

  •  Succession Planning (parallel to
    will)
  • Patrimonial protection
  • Right to Revoke the contract
  • Tax Benefits (Award)

Share Control Trust.- Allows a shareholder or group of shareholders to maintain and retain control and manage the company's administration, exercising the corporate and proprietary rights of the block shares through the trust institution.

 

BENEFITS

  • Consolidation of Corporate Rights
    (block vote)
  • Right to Reacquire the estate
  • Right to Appoint or Remove a Committee
    Technical
  • Distribution of dividends
  • It has no tax effects (Disposal)

Real Estate Trust.- Mainly attends to the needs and requirements of natural and legal persons who are looking for a safe, reliable and effective option to partner in business development in the construction and real estate marketing sector.

BENEFITS

  • Administrative transparency
  • Operational Agility
  • Budget Control
  • Accountability
  • Distribution of profits
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