Trust, a useful vehicle... | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Asset protection > The trust, a useful vehicle..

The trust, a useful vehicle..

The asset protection trust, both for individuals and creditors, is a useful vehicle subject to strict rules that should not be mistaken for an all-weather off-road vehicle.

Some individuals and organizations are looking for a legal vehicle to protect their assets from third parties. The trust can, in certain cases, fulfill this desire.

Thus, a company borrows from an institution and grants it a mortgage on all of its present and future furniture. With the agreement of the institution, this company obtains additional financing under an "immigrant investors" program. Under the loan agreement, the company acquires commercial notes and transfers ownership to a trust. In turn, the trustee mortgages the said notes in favor of the immigrant investors. Following the company's default, the institution orders the trustee to hand over the notes. In the face of the latter's refusal, the institution turns to the court.

The Court of Appeal* confirms that the trust is constituted "by a designated asset that is completely autonomous from the respective personal assets of the settlor (company), the trustee, and the beneficiary (immigrant investors)", that there has indeed been a transfer of ownership of the said notes in favor of the trust's asset and that thus the institution's mortgage rights have been extinguished due to a failure to register a notice in the personal property registry within fifteen days of becoming aware of the transfer of commercial notes to the trust.

The asset protection trust, for both individuals and creditors, is a utility vehicle subject to strict rules that should not be likened to an all-terrain vehicle capable of withstanding any weather conditions.

*CA200-09-001311-973

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
Before providing favorable answers regarding a client's solvency?
Me François Forget - February 19, 2013
"There are things that can be said to others, and others that can only be said to oneself."
Child support and marriage
Me François Forget - March 1, 2009
In the absence of a lump sum payment at the time of divorce, a spouse can only be released from their spousal...
The identification of a legal entity
Me François Forget - July 24, 2005
If a movable hypothec is registered under an alias, case law considers the error to be fatal.
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.