"In Fiducie we trust !"
As an outstanding legal management and guarantee instrument, the fiducie is now a key driver for optimizing both professional and personal assets.
Created in 2015, Fidal Fiducie, a law firm dedicated to fiduciary activities and those of security trustee, is guiding companies, financial institutions, associations, local authorities and individuals throughout France in protecting and enhancing the value of their assets. Drawing on the legal and tax expertise of Fidal's lawyers, Fidal Fiducie offers its clients an original and innovative value chain: fiduciary activity/fiduciary advice that provides strategic and global guidance which is unique in the market.
Although there are numerous applications for the fiduciein all areas of law, Fidal Fiducie and Fidal are particularly recognized for their expertise in wealth management and family matters. Our complementary teams also enable us to offer our clients innovative ways to make use of the fiducie, in particular in managing and securing full value for intangible assets.
Fidal Fiducie is authorized by the Paris Bar Association to act as fiduciary and security trustee.
What is a fiducie?
The fiducie can be used as a surety (property is transferred to the trustee to secure the performance of an obligation) and as a management tool (property is transferred to the trustee who is responsible for managing or even selling it over a certain period).
What is a Security Trustee?
Its duties will consist in accepting, registering, managing and, where applicable, selling any personal (surety bond, independent first demand guarantee, letter of intent) or real (mortgage, lien, pledge, trust) surety on the property of the debtor or third parties to guarantee the claim of this group of creditors.
These sureties, as well as the proceeds of their possible disposal, will enter into special-purpose assets that the security trustee will keep separate from its own assets and which will thus be ring-fenced for the benefit of the group of creditors, while remaining sheltered from the consequences of collective proceedings initiated by the debtor or the third-party grantor.
- To guarantee the enforcement of a shareholders' agreement, each signatory transferring its shares to a trustee tasked with scrupulously respecting the voting and/or sales clauses contained in the said agreement.
- To provide a balance-sheet guarantee or a price adjustment clause as part of transfer of control, under more secure conditions than a traditional escrow account measure would do
- To resolve a conflict between partners and organize the early exit of the withdrawer, without damaging his or her financial interests
- To process a provisional capital outflow with a view to temporary deconsolidation
- To ring-fence equity interests and protect them from prying eyes
- To stand in for a holding company
- To facilitate an exit from a safeguard plan or receivership through a court-authorized transfer of control
- To secure a donation of company securities, with a temporary irrevocability clause signed up to by the pledging donee.