THE TRUSTEE MANDATE
The trustee mandate is based on the completion of a mandate contract that outlines the powers (and limits in the exercise of the same) conferred on the fiduciary, drawn up in compliance with the provisions of the law and the general clauses contained in the fiduciary mandate sent to the regulator.
On the basis of this contract, the substantial ownership of the assets and values conferred in fiduciary administration remains with the customer, who is free to dissolve the fiduciary relationship at any time and thus obtain the formal ownership of his right.
On the other hand, the protection of the trustworthy in terms of the ways in which the values will be administered also derives from the obligation, for the trust company, to operate exclusively on the basis of instructions received in writing and to periodically report on the activity conducted. In another aspect, then, both the heading of the assets to IFA, and the subsequent re-entry to the actual owner take place under full tax neutrality, being exempt from any form of taxation.
The purpose of the trustee mandate is to legitimize the trustee to act against third parties in their own name, but on behalf of the trustee, allowing the actual owner of the assets and values to carry out any legally permitted transaction without acting in the first person. In other words, the fiduciary relationship guarantees the maintenance of the maximum confidentiality regarding the generality of the actual holder of the rights that are the object of the mandate.
The reasons that can lead an entrepreneur to use the tool of the trusteeship are many: the need to satisfy a particular confidentiality in the sale of social investments or credit, the existence of a situation of conflict within the social structure, the desire to be represented at shareholders 'meetings or bondholders' meetings, also in the form of a voting syndicate, or to carry out widespread share ownership plans, with the aim of carrying out the reorganization of the family assets, as well as any other operation permitted by the law in which , for the most varied reasons, the customer deems it inadvisable or inappropriate to intervene in his own name.