The fiducia is an arrangement by which someone transfers assets or rights to a trustee, who administers them for a defined purpose and for the benefit of a beneficiary. It is little used in Romania, but it solves situations where a plain transfer or a mandate is not enough.
It is not the right instrument for everyone. The first conversation is often about whether the fiducia answers your problem, or whether a simpler contract does the same with fewer complications.
Situations in which we are called
- An estate has to be administered separately, outside the owner’s risks
- A financing is secured through a fiduciary transfer
- A family business needs a long-term administration structure
- Performance of a complex, staged obligation has to be secured
- You need a professional trustee for a defined operation
- An existing fiducia has to be amended or brought to an end
What we cover
- Assessing the situation and comparing the fiducia with simpler alternatives
- Drafting the fiducia contract and defining the purpose of administration
- Publicity of the arrangement, including the registrations the law requires
- Acting as trustee and the duties that come with it
- Relations with beneficiaries and administration reports
- Amendment, transfer and termination of the fiducia
How we work
We start from the purpose, not from the instrument. A fiducia is useful exactly to the extent that the contract says clearly what the trustee administers, in whose interest and within what limits — a vague contract turns the advantage into litigation.
We discuss the tax and publicity sides from the outset, because both affect whether the arrangement makes economic sense. A well-drafted fiducia registered late loses part of its effect against third parties.
What helps us start
- A description of the assets or rights involved
- The purpose pursued and who the beneficiaries are
- The duration you have in mind
- Title documents for the assets that would enter the fiduciary estate
