NOVEMBER 22, 2024

FIDEICOMISOS

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By Marco Pedroza

Trusts as a tool of the world


The trust as an instrument or tool in the field of control and generator of financing, it is important to establish whether it is required to be corporate or in administration. Each of these has different purposes. With the administration trust the common denominator is that it is used to manage a real estate which will acquire a utility over time, and as that property acquires that utility it will have to pay the tax differential for the residual value for the construction or the contribution you have from it.

To this end, it is important that the parties participating in the trust determine the object and nationality of the subjects to take advantage of the benefits that the same instrument grants us. In this sense, it is recommended for both nationals and foreigners to know and know the benefits of a trust. trust both for the administration and for the acquisition and monitoring of businesses under the understanding and rules established by the General Law of Credit Titles and Operations in its section 1 of the trust by virtue of which the trustor transmits to a fiduciary institution (financial institution) the property or the ownership of one or more assets or rights, as the case may be, to be used for specific and lawful purposes, entrusting the realization of said purposes to the fiduciary institution.

The parties involved are:
1. Trustor, which is the financial institution.
2. Trustee, who is the one who receives the benefit of the trust.
3. Trustee, who is the person requesting the service.

These people make up the committee, who may be Mexicans or foreigners, as a consequence, the trust instrument serves foreigners to have legal certainty in the acquisition of assets in Mexico, which guarantees the ownership and exploitation of the assets they intend to acquire for any purpose; whether commercial or residential.

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