Main uses of the Trust

A. The trust for generational transition in companies

The trust can be used to implement the generational transition within a family business, effectively and in a manner that suits the wishes of the business owner.

B. The trust as an alternative to the estate trust

Trusts can allow certain limitations placed by the Civil Code on the establishment of estate funds to be overcome.

C. The trust as an alternative to the domestic law foundation

The trust can be used as an alternative to the domestic law foundation governed by Articles 14 et seq. of the Civil Code and Presidential Decree 361 of February 10, 2000.

D. Trusts in the context of consensual separation proceedings between spouses

The trust has already proven to be a useful tool in the context of consensual separation between spouses.

E. The trust for the protection of weak individuals

In the family sphere, trusts set up for the protection of weak individuals such as the disabled, minors and incapacitated persons to ensure their medical care, assistance and a suitable financial endowment to meet their needs are noteworthy.

F. Trust for the collection of tax debts of a bankruptcy

The trust may be the most efficient solution to prevent some bankruptcy claims (and in particular tax claims) from being sold at prices far below the value of those claims and the duration of the proceedings from being postponed until the actual collection of those claims (resulting in increased costs and time for the proceedings themselves).

G. Trusts with collateral purposes

A trust can be used for the purpose of allocating certain assets to secure the performance of validly assumed obligations.

H. Trusts for the implementation of composition with creditors

A trust can be used in the implementation of an arrangement with creditors to enable third parties (variously interested in the implementation of the arrangement) to allocate certain assets to satisfy the rights of creditors in the proceedings, in accordance with the terms defined by the organs of the arrangement procedure.

I. Trusts of shareholders' agreements

The transfer to a trustee of the shares covered by the shareholders' agreement may allow the perfect coercibility of the obligations undertaken by the members of the shareholders' agreement, since from that moment on, the execution of the agreement will be the responsibility of a third party other than the individual members of the shareholders' agreement and will be marked by insensitivity to the personal and property affairs of each member of the agreement.

J. Trust of insurance policy

It is possible, through the establishment of a trust, to ensure that, upon the death of the policyholder, the sum paid by the insurance company will be transferred to a trustee of a specially established trust; the trustee will be able to manage the sum received for the purposes that the policyholder will have indicated in the trust deed or in special subsequent deeds (letters of wishes, addressed to the trustee).

Learn more