Trust Funds - a trust, a kind of structure of relations in which the property of the founders of the organization, put at the disposal of the trustee.At the same time the beneficiary receives the income.
Trust funds - is the property values that are passed from one person to another.To carry out the transfer of ownership is signed by a special contract - trust agreement.Parties to the agreement are the founder of the fund manager and one or several beneficiaries.Trust fund in Russia, as in any other country, is considered to be a full-fledged entity.
distribution of roles and functions: Founder and Managing
structure of the trust fund provides for a blocked account, which is subject to control.There are certain commercial terms of the partnership between the parties.The founder has the full right to choose a control.It can be a notary, and lawyer and head of the bank, and any other person with the appropriate level of qualification.In accordance with generally accepted standards, the manager takes on the responsibility for management of the capital investors.Managing is not acting as the owner of the property, but it is the full responsibility for any loss or damage, various omissions related to the property management for the period of depositors.
If the founder of the fund identifies the desire to make sverhriskovannye investments that do not meet risk-sharing structure, he has every right to do so.The only "but" is that in this situation the responsibility to control completely removed.These freedoms are regulated to the last detail trust agreement.For a blocked account inherent following features: money may be made in any way possible, but the activation of certain conditions of material life is to be paid only for the realization of a certain goal.
Audience
has designated trust fund for the children, and there are trusts for large companies and their executives, association for individuals who have some savings.In this situation, the fund can serve as a reliable tool providing security of property with low taxation and a decent profit.Communities are focused on various kinds of property owners, the owners of the securities and offshore organizations.It should be said that this category of "institutions" provides a complete anonymity of beneficiaries.Funds are transferred to the management of the trust are inaccessible to creditors or act subject to taxation.
Objectives of trusts
Trust Fund in the United States, Ukraine, Russia can be created for different purposes:
- As a means of ensuring the security of assets as property entrusted to a trust, can not be addressed claims are notOnly creditors and other third parties.
- Trust Funds - an alternative to the standard will.This is due to the possible existence of simultaneous multiple beneficiaries, as well as the trustee.Between beneficiaries in the long term and will be distributed to the property, but only after the death of the founder.
- Trusts may have national significance.For example, the NATO Trust Fund created solely to help Ukraine.
Disadvantages Institute
Despite a wide range of benefits such funds, they also have certain disadvantages.You can say a partial loss of control over the property, which is entrusted to the manager.But there is another side of the coin, completely covers this fact.In accordance with the contract, the founder can not terminate the agreement unilaterally.This fact significantly increases the level of protection of property against the encroachments of lenders.In the domestic legislation there is no specialized law which would govern the activities of such organizations.The Fund may be called indivisible capital property type.This category of legal entities has a unique tax status, according to which any income is not taxed.
Subtleties of the fund
Trust Funds - a union, belonging to the category of companies with undivided capital.Detached property with the status of a legal entity used for different purposes, since the accumulation of capital and ending overlap costs of different rank (education, treatment, training, etc.).The purpose of the fund realized a specialized body, which is called by the Board of the Fund.In the role of the beneficiaries may make legal entities and individuals, non-resident members of one or more family members themselves.The Fund has the characteristics of an ordinary company and has some unusual structural solutions.The structure of education provides control over the assets of the founder without violating privacy policy.
structure of trusts: GRANTOR, beneficiary, trustee
Trust Fund in Ukraine, as in any other country provides for GRANTOR or the donor.This is the person who establishes the fund and donates it his property.This may be cash, stocks, bonds, securities of any kind.GRANTOR It establishes the specifics of the Fund.Be sure to have the recipient - a person for whom it was created.In the future work of the Fund will be held in this format, in which its beneficiaries will receive some benefit from the work of the organization, established by the founder.The role of the trustee (the Trustee) may act as one person, and the whole company.Presence of a few trusted advisers.Managing works for a fixed salary.In some situations, trusts do not employ the trustee and authorized an investor with high skills who is able to dispose of the assets as efficiently as possible.
Possible problems and solutions
Creating Trust - now very popular destination, allowing to save money and cut costs at the expense of tax evasion.As part of virtually every state has a legal basis (except Russia), which regulates the activity of this category of organizations.In some States, it is widely practiced perpetual trust funds, while others are strictly prohibited.Some governments are concerned that people may receive large state that they have not earned.Before opening the fund, experts recommend a consultation with a specialist.
