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Inspired by the trust system under English law, the French fiducie is a tailor-made legal tool that provides a high level of legal comfort to lenders by ring-fencing secured assets through the transfer of assets to a dedicated estate.
Established in law no. 2007-211 of 19 February 2007, a fiducie is created by an agreement under which one or more settlors transfer assets or rights to the separate estate of a bankruptcy remote entity (the "Fiducie Estate"). The Fiducie Estate is managed and administered by a fiduciaire, an independent third party, in the interests of the beneficiary or beneficiaries, subject to and in accordance with the provisions of the Fiducie Agreement.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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