Frequently Asked Questions
Contract under which the trustor transfers to a trust institution the ownership or title of one or more goods or rights, as the case may be, to be destined for lawful and determined purposes, entrusting the accomplishment of said ends to the fiduciary institution itself . The definition of Trust includes 4 relevant elements: a) It is a contract, the Trust is a contract; b) There is a transfer of ownership, the property is transferred legally to the Trustee, change of owner; c) The assets are destined to Lawful Purposes and certain agreed in Trust and d) The Trustee is the Institution that acquires and administers the assets in Trust.
Trustor, Trustee and Trustee The main parts that usually intervene in a Trust are 3: Trustee, Trustee and Trustee, as we mentioned, some Trusts may be involved in some Trusts, such as Trustees A, Trustees B, Trustees C, etc. Trustee in First Place, Trustees in Second Place, etc.
The Settlor is the Person, entity or entity that constitutes a Trust, providing and / or transmitting to the Trust certain goods or rights to be destined to the accomplishment of a licit and determined purpose and entrusts said realization to an Institution empowered to act as Trust.
It is the physical or moral person designated by the Settlor to receive the benefit derived from a Trust Agreement.
Any type of property and rights (real estate, resources, rights, collection rights, shares, etc.) may be the object of the Trust, except for those that, according to the law, are strictly personal of the owner.
It will be understood that it is a Guarantee Trust if the purpose of it is to guarantee to the Trustee (creditor) the fulfillment of an obligation and its preference in the payment.
The property is transferred and registered in the name of Trustee. Legally and in Public Registry the real property that is contributed in a Trust is registered in the name of the Trust Institution.
a) Creation of an autonomous heritage, different from that of the parties involved in the Trust, which translates into legal certainty. b) Ideal medium to be associated in a specific project (without the need to create a new company, without having to provide real estate to a company, without the need to build and / or invest in other people's land, etc.) c) Does not cause tax of transfer of domain, according to the regulation of the Federal Tax Code d) Protection in the event of the death of the debtor, the substitute trustee (s) e) It establishes bases and rules of operation in the Trust f) Lines of credit from banks, SOFOMES, private loans, etc. can be guaranteed. g) Operation of the Trust by joint instructions and / or Trust Technical Committee h) Unencapability of assets.
The majority of States and Municipalities in Mexico adhere to the federal provision of article 14 of the Federal Tax Code that establishes that there are no taxes on transfer of title, provided that the Trustor reserves the right to repurchase the real property (eg in the Trustees of Guarantee once paid the secured obligations, the Settlor has the right to repurchase the immovable property).
a) TRUSTEE OF ADMINISTRATION: Trust Agreement through which the Trustor affects, transmits and delivers resources, values, assets and / or rights to the Trust for purposes for lawful and determined purposes, entrusting the accomplishment of the purposes to the Trustee, the purpose The principal of this type of Trust is the administration. b) GUARANTEE TRUST: Trust Contract through which the Trustor affects, transmits and delivers resources, values, assets and / or rights in trust that is intended to guarantee the Trustee compliance with an obligation and its preference in the payment, entrusting the realization of the purposes to the Trustee, the main purpose of this type of Trust is to guarantee an obligation. c) INVESTMENT TRUST: A Trust Contract through which the Trustor affects, transmits and delivers resources and / or securities in Trust, which is intended to invest the assets of the Trust, entrusting the accomplishment of the purposes to the Trustee, the The main purpose of this type of Trust is to invest the estate. d) REAL ESTATE TRUST: This is the contract by which the real estate property (s) and / or financial resources are transferred to the Trust for the Trustee to administer for the purpose of developing a housing, commercial, industrial, tourist property project , etc. According to the instructions indicated in the contract, transferring at the end of the process the real estate constructed to those who are beneficiaries the most used are the following: A + B Real Estate Trust Real Estate Trust A + B + C + Resources Real Estate Trust Trustee Restricted Area Trust
The costs for opening and administering Trust contracts may vary according to the complexity of the business and the administrative burden they represent for the Trustee and, above all, the contingent risks inherent in the business in question.
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