Fiduciary avocat
Harlington | Fiducie places at its clients’ disposal the skills of a multidisciplinary team (avocats, notaires, chartered accountants, asset managers) and of an international network for the management of their family or business wealth.
Entrusting one’s business and personal interests to an avocat acting as Fiduciaire guarantees each client advice of high added value meeting their expectations. It is within this framework that Harlington | Fiducie offers innovative and secure solutions, backed by the availability of professionals recognised for their technical expertise as well as for the relationship of trust which they maintain with their clients.
Supporting families and businesses in building and managing their wealth.
How does the fiducie (the French-law fiducie) work?
Created by Law no. 2007-211 of 19 February 2007, the fiducie (the French-law fiducie) consists in transferring assets, rights or security interests of a person (the Settlor) into a separate patrimony (the Fiduciary Patrimony) held by a Fiduciaire, in order to ensure their management and administration for the benefit of one or more beneficiaries (the Settlor or a third party), within the framework of a specified transaction.
An exceptional legal instrument of management and of security, the fiducie (the French-law fiducie) is now an essential lever for optimising business and personal wealth.
Founded in 2018, Harlington | Fiducie, a law firm dedicated to the activities of Fiduciaire and of security agent, assists companies, financial institutions, associations, local authorities and private individuals throughout France and Europe in the protection and the enhancement of their tangible and intangible assets. Drawing on the legal and tax expertise of the firm’s avocats. Harlington | Fiducie offers its clients an original and innovative value chain: fiduciary activity / fiducie advisory, providing comprehensive support that is unique on the market and includes asset management.
While the applications of the fiducie are numerous in every field of law, the members of Harlington | Fiducie are particularly well known for their engineering in wealth and family matters. The complementary nature of our teams also enables us to offer our clients innovative uses of the fiducie, in particular in the management and enhancement of tangible and intangible assets.
Harlington | Fiducie is authorised by the Paris Bar Association to act as Fiduciaire and as security agent.
What is the French-law fiducie?
The French-law fiducie, often presented as a “French-style trust”, is a transaction by which a Settlor transfers assets, rights or security interests, present or future, to a Fiduciaire who holds them separately from his own patrimony and acts for a determined purpose for the benefit of a Beneficiary, who may be the Settlor himself or any other natural or legal person. It entails a temporary and purpose-bound transfer of ownership of the ring-fenced assets into the hands of the Fiduciaire.
The fiducie may be used as security (an asset is transferred to the Fiduciaire as security for the performance of an obligation) and/or as a management tool (an asset is transferred to the Fiduciaire, who is entrusted with managing it, or even with selling it, over a given period).
What is the security agent?
Since 1 October 2017, a group of creditors such as a banking syndicate or a body of bondholders may appoint the person of their choice as security agent, who will act on their behalf but in their own name.
Their task will be to take, register, manage and, where appropriate, enforce all personal security (suretyship, autonomous first-demand guarantee, letter of intent) or security in rem (mortgage, pledge, charge over movables, fiducie (the French-law fiducie)) over the assets of the debtor or of third parties in order to secure the claim of that group of creditors.
What is a trusted third party?
The trusted third party has the task of verifying and reviewing, where this is necessary and justified, the management carried out by the Fiduciaire and of ensuring that it performs its duties in accordance with its mandate in the interest of the Settlor and/or of the Beneficiary.
Its task will consist in monitoring and supporting the management carried out by the Fiduciaire and in exercising, where required, the remedies and actions necessary to preserve the rights of the Settlor and/or of the Beneficiary.