The subjects of the Trust

The disposer

It is the settlor who establishes the trust and transfers certain assets - movable and immovable property, money, corporate interests and other rights, including the fruits and utilities derived from the assets and rights included in the trust itself - to another person (the so-called trustee) for inclusion in the "trust."
Following the establishment of the trust, the settlor no longer has any right or power over the assets transferred to the trustee, which will be in the trustee's own name. However, in accordance with the provisions of Article 2 of the Convention, the settlor may reserve certain powers and prerogatives to himself, while respecting the autonomy and discretion of the trustee.

The Trustee

It is the person, natural or legal person, identified in the first instance by the settlor and vested with the power and charged with the obligation to administer manage and dispose of the property transferred by the settlor, for the realization of the purposes of the trust in accordance with the provisions contained in the trust deed and in compliance with the provisions of the applicable law.
In some cases the settlor entrusts himself as trustee, in these cases we speak of a self-declared trust.

The Beneficiaries

These are the persons, only eventual (in the absence of beneficiaries, there is a "purpose trust"), to whom, pursuant to the provisions of the trust deed, rights or expectations are conferred on the trust fund, at the end of the trust ("ultimate beneficiaries") or on the income that, if any, is produced by the trust property during the trust term ("income beneficiaries").

The Guardian

It is the person, natural or legal person, whose presence is only eventual, who performs a function of control over the trustee's realization of the purposes of the trust, while respecting the trustee's discretion and autonomy.

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