Trustee
A trustee ( English trustee ) is a legal entity , the result of a fiduciary contract or by law is obligated to the interests perceive of another legal entity.
General
Natural persons and legal entities can be considered as legal subjects . With the trust agreement they sign a contract , between the settlor and the trustee lessee is closed (trustee), by the Trustee in external relations , the full legal power gets over the subject matter, which he did in the internal relationship may exercise the settlor only "in trust". The resulting separation of stakeholders and safeguarding interests can result in conflicts of interest between the contracting parties . The trustor must trust that the trustee will not exercise his full legal power in the external relationship, although he would have the opportunity to do so.
example
There are often contractual fiduciary relationships in the banking sector for loan collateral such as ordering a transfer by way of security ( assignment of motor vehicles by way of security ). Through the security agreement, the collateral-taking credit institution in the internal relationship with the borrower acquires the fiduciary security property, for example in the motor vehicle, which the bank only authorizes to sell the motor vehicle in the event of a collateral (after loan termination ) . In external relationships with uninvolved third parties, however, this limited security property is not recognizable, so that the bank could sell the vehicle at any time. In accounting, however, the economic approach means that the credit security must continue to be activated by the security provider .
Legal term
The trustee is a legal term under which natural persons are understood who are obliged by law to, for example , monitor parts of the assets of certain companies . In accordance with Section 8 of the PfandBG , the trustee must ensure that the correct cover for the Pfandbriefe and claims from derivative transactions is available at a Pfandbrief bank at all times; In doing so, he has to ensure that the value of the lent land , the value of the lent ships and ship structures and the value of the lent aircraft are determined. To monitor the security assets for life insurance , health insurance , private long-term care insurance and accident insurance with premium reimbursement, a trustee and a deputy must be appointed in accordance with Section 128 (1) VAG .
Switzerland
Trustee in Switzerland is the professional title for tax consultants , auditors , management consultants , bookkeepers , business lawyers , but also architects , engineers, etc. Basically, a trustee can be anyone who represents a client and represents their interests. Due to the trust obligation (obligation to avoid the criminal offense of embezzlement or endangerment to the best of their knowledge and belief and to disclose the order-specific documents to the client at any time), the activities of the trustee remain legally controllable. Trustee as a professional title is not a protected title in Switzerland. After passing a professional examination, the state-protected title “ Treuhänderin / Treuhänder mit eidg. Fachausweis "or" Eidg. dipl. Fiduciary Expert "lead.
See also
Individual evidence
- ↑ Martin Löhnig: Treuhand: Protection of interests and conflicts of interest , 2006, p. 2
- ↑ Martin Löhnig: Treuhand: Protection of interests and conflicts of interest , 2006, p. 1
