28/11/2021
The trust and the creditors of the settlor, protection of creditors provided for by the civil code
By Avv. Marzia Baldassarre - Founder The Factory - For NT Plus Law / Il Sole 24 Ore
The Trust
Generational change
The generational transfer of family and business assets leads to major challenges in terms of ensuring the correct distribution of wealth, its future planning and administration as well as the management and continuation of the business activity.
A Trust makes it possible to separate the continuation of the business activity, from the wealth that it will produce, by identifying the individuals who could best run the business, whether or not they are the heirs.
A Trust is an excellent solution that can be “custom-made” to ensure the generational transfer of family and business assets.
There are many cases in which a Trust is an extremely effective solution for generational transfer. The entrepreneur will avoid having to handle disagreements and conflicts among heirs or marriages with heirs of different ages, and to identify the most suitable person to continue the business activities should his/her descendants not be ready yet or not be considered suitable to run the business.
THE FACTORY
The Benefits of the Trust
1.
Protection of family and business assets, thanks to the trust it is possible to protect one's interests from third parties, guaranteeing one's future and that of one's family.
2.
Tax and tax optimization, the trust allows you to monitor and optimize the tax burden by preventing the erosion of assets.
3.
Flexibility and control, assets of various types, real estate, shareholdings, works of art, boats etc, which once inside are managed with the aim of keeping their value intact and perhaps increasing over time, can be the subject of a trust.
4.
Successory, the trust offers considerable advantages in terms of security, efficiency and fiscal nature, thanks to which it is possible to plan the various steps of the succession of assets over time
