Fidal Fiducie

A fiducie can be effectively set up on company shares: 

To guarantee the performance of a shareholders' agreement, with each signatory transferring their shares to a trustee tasked with scrupulously complying with the voting and/or sale clauses contained in the agreement 

To secure reps & warranties or an earn-out clause as part of a transfer of control, under more secure conditions than a traditional escrow arrangement would offer 

To resolve a conflict between shareholders and organize the rapid exit of the withdrawing shareholder, without harming their financial interests 

To handle a provisional exit from the share capital for purposes of a temporary deconsolidation 
 

To ring-fence shareholdings and protect them from prying eyes 

To take the place of a holding company 

To facilitate an exit from a safeguard plan or receivership through a court-authorized transfer of control 

To secure a gift of company shares, with a temporary irrevocability clause entered into by the settlor-donee.

The fiducie is a great tool for family and private wealth management, particularly for securing the interests of members of a family-owned company, managing the assets of vulnerable persons or young adults, planning for the settlor’s future dependency, controlling gifted property, dealing with divorce proceedings, managing assets or settling an estate.

The fiducie can serve as a substitute for “sale and lease-back” transactions, avoiding the taxation of capital gains on the round-trip transfer of ownership of the property in question.

To ensure the proper execution of a clean-up plan.

To guarantee the proper implementation of an employment protection plan, as well as to secure company transfers, pension payments, contractual redundancy payments, etc.

The fiducie can be a highly effective tool for companies in difficulty, whether they are involved in amicable procedures or court-ordered safeguard, receivership or liquidation proceedings.