2020. 09. 10.

Mit tartalmazhat egy bizalmi vagyonkezelői szerződés?

Fiduciary asset management is the Hungarian equivalent of the institution of “trust” seen in English-speaking countries, particularly focusing on ensuring continuous and seamless operation of the assets even in cases of complicated ownership. Fiduciary asset management is actually a contract that is concluded by the settlor (i.e. a testator, for instance) and an asset management company. The subject matter may be any kind of moveable or immoveable property (except for agricultural land in Hungary); moreover, transfer of any right may also be the subject of fiduciary asset management, as well as management or delivery of such to the benefit of the beneficiaries specified in the contract. Contracts that stipulate provisions applicable to fiduciary asset management tend to be extremely detailed and cover every possible case, identifying the beneficiaries, the methods and terms of granting the benefits, in addition to the transfer of the asset’s ownership. Accordingly, you may decide to stipulate that a certain heir should not hold ownership of the business you have built but should be given a share of its revenues until the end of their life, or, you may decide the order in which each heir should receive their share of the inheritance. Fiduciary asset management, however, may be used in completely different cases, too, such as company acquisitions and mergers, and it can also be beautifully applied in cases of conflicts of interest where a position that is intended to be accepted is in sharp conflict with a current ownership.

A fiduciary asset management contract lays down the act of asset transfer, the identities of the beneficiaries, the principles of operating and managing the asset, its mandatory rules, the date when the asset is delivered, along with its timing, amount or ratio, any terms applicable, and, certainly, the method to be used. In addition to the above, anything that is deemed potentially important may be set out in a fiduciary asset management contract, which allows for planning and awareness in asset management and may ensure its continuous prosperity.

The members of our family business hold years of experience in asset management, as well as a complete legal, financial and administrative background; they involve experts, if necessary, to ensure worthy management and prosperity of assets – if you so request, we are happy to provide information on the optimum fiduciary asset management arrangements best suited to the life situation drawn up by you. Please contact us with confidence.