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 as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
Anyone can decide who will take care of them in the event of incapacity
Me François Forget - October 23, 2004
Drafting a power of attorney with a notary can prevent the opening of a guardianship regime.
Should a buyer hire a building expert before signing a purchase agreement?
Me François Forget - April 18, 2012
In love as in business, "critical thinking and mandatory curiosity" compel us to be cautious to avoid being...
Protecting your assets before declaring bankruptcy?
Me François Forget - March 22, 2007
Even though the company did not decrease its assets, it "weakened" it when it sold a tangible asset in exchange...

This browser does not support this kind of file. Please download the file to view it: Download the file