Specialised Services
GENERFID – SPECIALISED SERVICES
Generfid provides support with particularly complex transactions
Generfid provides support with particularly complex transactions in connection with generational transfer and wealth planning, involving the use of specific legal instruments such as trusts, escrow agreements and fiduciary administration mandate without registration.
Trust
The trust is a legal instrument that originated in England and that can be used to achieve a high level of wealth protection and preservation, since assets placed in a trust are no longer within the settlor’s legal sphere; rather, they are segregated in the assets of the trustee, protecting their integrity against personal, family and business situations.
Generfid is able:
To provide advice when analysing and defining the trust instrument, with support from a team of legal and tax professionals;
To support the client in selecting the most important participants in the functioning of the trust, such as the trustee or the protector (an independent party required to verify that the trustee’s actions are consistent with the trust’s purpose) through specialised organisations.
Escrow agreement
An instrument that originated in England and that acts as a guarantee, through which the contracting parties entrust an impartial third party with a mandate to fulfil the contractual agreements, who administers the assets to which the contract refers, making them available to the beneficiary where certain conditions are met.
It applies above all in purchases and sales of business units, equity investments or immoveable property.
Generfid is able to act as escrow agent, i.e., guarantor, with the role of safekeeping the asset in question according to the rules agreed on between the parties and to deliver it to the beneficiary when the contractual conditions are met.
Combined management of different types of income
Generfid can act as single withholding agent:
- Fulfilling tax and control obligations as an alternative to the declarative tax procedure (with regard to assets deposited abroad)
- Optimising the management of the taxation of different types of income, regardless of the number of relationships, the location of the securities and the nature of the interests
- Consolidating all positions, including with the aim of permitting better wealth control.
Management of share-based plans for top managers
Generfid’s role is to ensure the functioning of incentive mechanisms for top managers (not all employees) through shares, warrants or participatory financial instruments.
Generfid as arranger of shareholders’ agreements/generational transfer
Generfid can ensure compliance of short-/medium-term commitments between shareholders/investors (typically in the event of sale of companies or investments by minority shareholders such as funds, executives, etc.) and between family members, facilitating generational transfer.
Fiduciary Administration Mandate without registration
Generfid may assume control of registered moveable assets, immoveable property, financial instruments and assets, with or without fiduciary registration.
The instrument is used above all in international investments: it enables the client to retain ownership to the investments and exercise the related rights, while also benefiting from tax simplification, using the fiduciary company as withholding agent.