The focus on the needs of entrepreneurs and families that hold significant property, the utmost attention to confidentiality, the personalisation of the service and transparency in operations are features which have always been a part of Ersel’s fiduciary services.
Fiduciary companies, which were introduced into the Italian legal system by Royal Decree no. 2214 of 16 December 1926 and subsequently regulated by Law no. 1966 of 23 November 1939, offer different types of services that mainly aim to guarantee confidentiality as regards the identity of the real owner of assets.
By means of a trust contract the company takes over the legal title to the assets that are entrusted to its management and guarantees the pursuit of the interests of the legitimate owner. Fiduciary companies, since they do not possess the assets or the rights entrusted to them, make a clear separation between the assets of third parties and their own assets. The protection of confidentiality of trust information involves guaranteeing the confidentiality of the owner of the assets and the rights covered by the contract in regard to third parties which have dealings with the beneficiary.
The main services for private clients and their families, in order to safeguard and develop their assets over time, relate to the provision of fiduciary services in relation to securities or tailored management. The client, although remaining to all intents and purposes the owner of the assets, can register in Ersel’s name financial instruments for confidentiality reasons.
The client, through the website, can at any time access updated reports in order to see the composition and yield of all the portfolio investments held, individually or in aggregate form.
With the wealth planning service clients are helped to identify solutions for the management of their assets, especially given complex family groups, in order to reorganise them with a view to legal and tax optimisation or in prospect of a generational change.
Ersel also offers services linked to the management of assets, donations, legacies and foundations.
Through the registration and management of dealings with banks, Ersel promptly carries out clients’ orders and guarantees their timely and correct execution, performing security management transactions, acting as a withholding agent when requested, and adopting all the regulatory adjustments necessary.
Finally, with its fiduciary services, Ersel can participate in both the creation of the trust and in managing the trust as trustee or guardian for the beneficiaries.
Numerous services are offered in order to maintain the utmost confidentiality in business initiatives and to facilitate their execution. Among these are assistance for entrepreneurs and support in setting up companies, the definition of agreements between shareholders and the provision of fiduciary services in relation to equity investments, which enables the safeguarding of the confidentiality of the real owner by entrusting to Ersel their representation in shareholders’ meetings, the underwriting of share capital increases, or the supply of loans to shareholders. Ersel can also support the client in the stages which accompany the sale or purchase of equity investments, guaranteeing a completely professional approach, and rapidity and confidentiality in the closing. In the case of delicate transactions, where the parties intend to ensure reciprocal respect of commitments, Ersel can act as guarantor. On the basis of this agreement, particular goods or assets are held in trust by a guarantor who agrees to safeguard them until particular contractual obligations have been fulfilled or specific events have occurred.
Among the numerous services offered to companies are the administration and management of complex incentive systems for staff and managers.
Le società fiduciarie, introdotte nel nostro ordinamento con R.D.L. 16 dicembre 1926, n. 2214, e successivamente regolamentate dalla legge 23 novembre 1939, n. 1966 offrono diversi tipi di servizi, volti principalmente a garantire la riservatezza sull'identità dell'effettivo proprietario di patrimoni.
Attraverso il contratto fiduciario la società assume la titolarità dei beni affidati in amministrazione e garantisce il perseguimento degli interessi del legittimo proprietario. Le fiduciarie, non entrando in possesso dei beni e dei diritti a loro affidati, pongono in essere una netta separazione tra i beni di terzi e il proprio patrimonio. La protezione del segreto fiduciario consiste nel garantire la riservatezza del titolare della proprietà dei beni e dei diritti oggetto del contratto nei confronti di tutti i soggetti terzi che contraggono rapporti con il fiduciante.