Anyone of us has the right and the duty to protect their assets, but when it comes to protection, we need to be clear about what we want to protect ourselves from. The protection of one’s assets consists in keeping one’s wealth free from any risks that one may incur directly or indirectly.
Of course, protecting a company’s assets is different from having to protect personal assets from a generational shift or a family crisis. This means that an entrepreneurial, personal, or family situation has implications that make it unique and therefore the analysis of the risks to which the assets are subjected is also different. Consequently, the solutions to be adopted will also be different.
Whar are the best tools for asset protection?
-
Capital fund
It is a particular legal instrument by which some goods can be officially allocated to meet the needs of the family. They can be included in the fund: real estate, debt securities, registered movable property. The fund is constituted by a public act drawn up by a notary in the presence of two witnesses.
-
Fiduciary mandate
The fiduciary mandate is a legal instrument by which the trustee transfers a right or assets to the trustee, who has the task of administering it in a professional, transparent, and confidential manner. The property of the good always remains to the principal who must provide in written form all the information necessary for the administration and management of the goods.
-
Target constraint
It is an act of disposition of the assets with which it is possible to separate a part, by allocating some assets for the realization of purposes worthy of protection to specific subjects. The binding of destination must be transcribed for the purposes of opposability to third parties, has a maximum duration of 90 years, and must consist of an authentic instrument.
Studio Legale Alessandria is available for advice to the contact details in epigraph and through the form that you can fill in the section CONTACTS