When and who benefits from the trust management of the property
Right Educational Program / / December 19, 2019
What is a trust management of property
Let's say you got from my grandmother apartment in another city, for example, in Saransk. Do you want to take it. But you do not have time to go there, look for tenants to sign an agreement to control the payment of utility services. You can charge it to the trustee for a small (or large - as a condition) fee.
The law allowsCivil Code, Article 1012. A contract of trust management of property to transfer property to the trust management and requires the trustee to act in your best interest. This person may take any legal and actual actions on your behalf if you do not limit its powers in the contract.
Feature of trust management is that the contract is not for individual transactions with the assets, and for a long time to manage it.
Kislyakova Julia, a lawyer of the European Law Service
That can be transferred into trust management
LawCivil Code, Article 1013. Trust Management Object It allows you to transfer in trust:
- Enterprises, property complexes and other facilities Real estate.
- Securities, including those rights which are enshrined in the electronic register rather than on paper.
- Exclusive rights to the result of intellectual activity or means of individualization (brand name, trademark, product line, and so on).
- Other assets - what it is, the law is not specified.
Now Russian trust management of property is increasingly used in commercial real estate rent areas and disposal of securities.
Why transfer property in trust
If the answer is literally - to make your life easier.
For example, if you do not live in the apartment, someone has to periodically check whether all there in order that there are no leaks, intact if the windows and doors, if there was any theft. It is necessary to transmit indications of counters to the management company, to pay utilities, Look to see if the mailbox registered letters from the tax or the FIU.
Let's say the owners of other apartments decided to hold an extraordinary meeting on the repair porches, fences territory, disposition of the common property of an apartment building. Your vote could be decisive, but you no one left of proxy.
Denis Rumyantsev, the managing partner of a real estate agency Goodman Estate
Rumyantsev said that the trustee will be engaged in these issues, it will be able to promptly solve problems and prepare the property to your return - for example, ordering cleaning services service.
Even more valuable contribution to the control would be if you Leases property for rent. Especially if we are talking about several sites. The specialist will be able to quickly infuse new tenants moved out when old. It will monitor the content of the housing, making utility payments, compliance with the agreements.
Kislyakova Julia, a lawyer of the European Law ServiceTrust management agreement is beneficial to conclude, if you do not know very well what to do with the property, and how to dispose of it properly.
This is important in the field of securities: To invest successfully, you need knowledge and experience. In Russia there are two of the most popular tool for the novice investor:
- share investment fund. You buy shares of the mutual fund, and experts on your funds already acquired shares and bonds that are (or will not - as lucky) profitable. You can then repay the units and get money for them, taking into account earned.
- The individual investment account to the trust management. This is a brokerage account, with which you can invest in stocks and bonds. You just have to choose the investment strategy. Then you will act for specialists broker company.
Possible and transfer of securities in trust directly. But usually, the operating companies are taken for it, when it comes to a very solid capital in the tens of millions.
Another important plus: if you owe someone, then transferred to the management of the property you will not be taken awayCivil Code, Section 1018. The separation of property held in trust. Exception - if you bankrupt or debts is formed in the process of asset management.
Who can be a trustee
Only commercial organization employee (but not a unitary enterprise) or individual entrepreneurCivil Code, Article 1015. trustee.
There are nuances, depending on what kind of property you pass in trust and why. Dispose of securities, money held for transactions with securities can only be a legal entity with a licenseFederal Law "On the Securities Market" dated 22.04.1996 number 39-FZ (the latest version) a professional participant of the market.
Kislyakova Julia, a lawyer of the European Law ServiceLicenses do not need to, if only to provide asset management rights associated with securities, such as the right to participate in the general meeting of shareholders.
Keep in mind that the trustee is responsible its own propertyIf made a deal with the abuse of authority or in violation of the restrictions. He is obliged to compensate your losses.
How to choose a trustee
Director of the Legal Service of the "One Protection Center" Konstantin Bobrov, advises to start with checking whether there is an entrepreneur or a company in a public registerProvision of information from the register / EGRIP. If not, then they have no right to conclude the contract.
Then analyze the site manager, look for reviews of his work. Check the company's website "Justice"FGBU IAC Judicial DepartmentWhether the company participated in the trials, and for what reason.
When looking for specialists to manage the securities check registryCBR registers Central Bank, whether the company has a license for this. Check its reliability ratingreliability ratings and quality control services companies. The highest rate - A ++ or AAA.
Note: the transfer of property into trust management does not insure you against all problems.
For example, a manager interested to rent an apartment as soon as possible and let there not the most accurate residents. That is why it is necessary to choose carefully.
How to write a contract for trust management
According to lawCivil Code, Article 1016. Essential conditions of trust management contract in contract It should contain the following:
- What exactly do you pass in trust.
- Your data as a natural person or a parent company.
- How much and how you will pay the trustee.
- Term of the agreement - it can not exceed 5 years.
Agreement on the transfer of immovable property in trust required to be registeredCivil Code, Article 1017. Form of trust management contract in Rosreestra. Otherwise it will be invalid.
In addition to the required data must be specified in the contract and other important conditions for you.
Lawyer European Legal Service advises Julia Kislyakova specify that the trustee can not do without the express written consent of the property owner. So the apartment can not be, for example, sell without your permission.
How to break the contract of trust management
If none of the parties at the end of the contract does not declare its termination, it is automatically renewed for the same term and on the same terms.
The agreement shall be terminated if one of the parties dies or goes bankrupt. In addition, participants can withdraw from the contract. This must notify the other party of threeCivil Code, Article 1024. Termination of trust agreement months prior to the termination of the contract, unless a different period.
Points to remember
- Discretionary asset management is beneficial to those who can not or do not want to dispose of it yourself.
- Most often, such a contract is made for the real estate and securities.
- Trustee should be chosen carefully, it affects the success of the whole undertaking.
- For services will have to pay. Although it is an obvious fact, some of it is unpleasant surprise.
- Please note that the transfer of the management of valuable papers to ensure the profitability of you no one can. And if you can, it cheats.
see also🧐
- Who and why you need a prenuptial agreement
- How to make a rental agreement
- How to make a warrant: the basics and legal details