The effectiveness of trust real estate
- Protection of component
- Special Protection of individual constituent
- Obligations of the Trustee and sanction its mission
- Creditors of the settler
- Creation of property to the creditor of the grantor
Another major advantage found in the trust mechanism is the accounting treatment is devoted particularly in the context of a trust - management and clearly allows separation of the assets of the settler and the trustee. And Opinion No. 2008-03 on the accounting treatment of trust dated February 7, 2008 the CNC (National Committee of Creditors), clarifies the accounting operations of trust in the individual accounts of the parties to the trust agreement.
Law No. 2007-211 of 19 February 2007 on the trust in its article 12 provides that transactions affecting the trust estate are subject to an independent accounting in the trustee. The transfer of assets and liabilities subject of the trust to the grantor's estate wealth allocation of trustee, will be clean and separate accounting of own heritage trust accounting. The Trustee determines in accordance with the conditions of Articles L 123-12 protruding and L 123-15 of the Commercial Code, the financial statements, including a balance sheet, income statement and an annex, under the Trust and is therefore separated and separate from its own accounts and balance sheets.
Also thanks to this separation of assets, personal creditors of the settler cannot seize property found in the heritage in trust because the trust estate is excluded from the general lien creditors of the settler personal