Asset Protection

HELVIA FIDUCIAIRE helps to protect assets of its exclusive corporate, family and personal clients, safeguarding them from third party attacks, preserving them from risks and allowing for a sound management that increases their value over time.

HELVIA FIDUCIAIRE knows well all of the risks and responsibilities involved in the operation of businesses and professional firms. The possibility that creditors, not satisfied with the business or professional assets, may turn their claims to the debtor's personal assets (home, vacation home, life savings, etc..), which cannot be averted except by means of appropriate legitimate asset protection institutions, such as, for example, in Italy:  a trust, family trust, deed of trust, foundation, family pact, segregations acts, etc..

In some circumstances the "tightness" of these instruments is clear and incontrovertible, in others, however, it can be vague or left up to interpretation. The careful and accurate organization and management of HELVIA FIDUCIAIRE can greatly reduce the risk of contestability and aggression by third parties, in full respect of the law and the will of the settlor.

Below, we summarize some asset protection tools:

Trust

This is the contract whereby a settlor (Trustor o Settlor) transfers the ownership of one or more assets, tangible or intangible, to a trustee (Trustee), who disposes and administers the rights acquired in the interest of one or more beneficiaries. The trust is a flexible instrument of segregation of assets to protect them from sudden business or family reversals.

Patrimonial Fund

It is typically designed to establish a segregated asset for the needs of the family based on marriage. It is constituted exclusively with real estate, registered furniture and credit titles (including trademarks and patents) but it excludes cash, bills of exchange, antique coins, works of art, collections and valuable jewelry. Only specific assets can be bound, but not indistinct assets and liabilities such as companies.

Acts of Destination

It is an institution recently introduced into the Italian legal system that does not outline a precise case, but allows the transcription and opposability of any public act with which a specific property or movable recorded in public registers is intended to pursue interests worthy of protection, whether natural person or not. The time duration does not exceed 90 years or the life of the benefited person. It is a useful surrogate for the patrimonial fund in the presence of de facto families, i.e. without marriage.