The Mexican Trust  "Fideicomiso"

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The Mexican Trust  "Fideicomiso" by Mind Map: The Mexican Trust  "Fideicomiso"

1. Uses for trusts:

1.1. 1._Administrative Trusts

1.1.1. Revolve around the administration and management of certain assets, provide for payment and distribution features.

1.2. 2._Guaranty Trusts

1.2.1. This are a bit new they basically are being used to secure collateral in all kinds of loans issued to Mexicans and non-Mexicans.

1.3. 3.- Investment Trusts

1.3.1. This are used meanly by the banking and financial markets industry as an investment tool.

1.4. 4._ Land Trusts

1.4.1. Is the real state or land trust for the restricted zone for acquiring residential property

2. Some rights that the trustor keep to itself:

2.1. Creation and Formulation

2.1.1. IT HAS TO BE

2.1.2. Written

2.1.3. Amended according to the same formalities for the transfer of the properties that will be subject to the trust

2.2. Duration

2.2.1. They are usually for a certain period of time and can not exceed 50 years, but, there are some certain specific cases where this can be possible

2.3. Technical Committee

2.3.1. The trustee may require some constant or specific supervision, direction or assistance in order to satisfy the purposes of the trust

3. Requirements for a trust:    (In Mexico)

3.1. * That the title to the property in trust has to be held by the trustee

3.1.1. Research and prepare experiment

3.2. * Assets have to be "affected" or "subject to" the trust, this means that the title must remain with the trustor

3.3. * The trustee must always be a Mexican Bank or financial entity

4. How is a fideicomiso composed?

4.1. 1._ The trustor

4.1.1. It´s the party that transfers titles or management of some assets, rights and even benefits to the trustee. CAN BE: Individual An entity

4.2. 2._ The trustee

4.2.1. It´s the party that holds the asset in trust, and has the responsibility of performing and accomplishing the specific purposes and goals.

4.3. 3._ The beneficiary

4.3.1. It´s the party that stands to benefit from the assets and trust it could whether by:

4.3.2. 1._ Using and enjoying the assets

4.3.3. 2._ Having privileges or special rights to the assets

4.3.4. 3._ Receiving income from the assets

5. Definition

5.1. Is a commercial contract that is governed by Mexico´s general law of credit instruments and operations.

5.1.1. Text book, exercises 34, 35, 36, 37