Trust management system. What is trust management? - Property management

Greetings, dear readers and subscribers! Life is full of surprises. It happens like this: you wake up one fine morning and find out that an American relative has written off a huge inheritance in your name. Well, you work as a simple engineer and have never dealt with large capital.

It's OK! In this case, everything is thought out before you. Trust management is exactly what you need ... or not?

It happens that the owner of a large fortune is far from. It also happens that when doing business, a person does not want to keep all the capital in circulation, being guided by the principle. For such situations, individual trust asset management is provided.

Roughly speaking, this is when you give your assets (real estate, money, securities) to the management of another, more experienced person or company that knows better than you how to dispose of all this good

And it is individual in the sense that the owner of the assets decides on his own the issues of selecting a manager and a management strategy. Property management of the owner is an activity, ideally associated with a narrow specialization.

For example, when investing in real estate, you need to solve a lot of problems: look for disciplined tenants, track their payments, collect debt if it appears. All this requires time and effort, which will have to be spent to the detriment of the main activity. Such tasks (of course, for a fee) can be undertaken by a company specializing in property management.

Another example. Suppose there is a sum of money that it is desirable to invest in profitable assets (bonds, securities, shares of investment funds) in order to generate income. It is better to entrust this activity to a company with a license to trade in securities and experience. Having a license is not an idle question.

There are still many companies on the market that use insufficient legal literacy of their clients. Offering services for the management of large sums of money, they have documents issued in offshores and not a single Russian license. We will come back to this later.

The law is harsh ...

The activity of trust management of property is regulated in Russia by the Civil Code, in particular, Chapter 53 "Trust management of property". The objects of trust management may include: real estate, securities and other property. If the client is looking for real estate or securities managers, he can contact a specialized company.

However, funds cannot be an object of trust management, with one exception.

This exception applies to credit institutions licensed by the Central Bank of the Russian Federation, whose activities are regulated by the Law on Banks and Banking Activities. In this law, Art. 5, trust management of funds is mentioned as one of the activities of credit institutions. Thus:

If a certain company offers money management by trading in Forex or investing in securities, then you can skip reading and contact this company. Let's take a look at specific examples.

Trust but verify

Question: will the funds transferred to banks under trust management be safe?

For example, Raiffeisen-Bank has a special subsidiary for this activity called Raiffeisen Capital, Alfa-Bank also has a management company, Alfa-Capital, and so on. At the same time, the banks themselves, attracting funds for management, are the founders of management companies, but cannot manage them. There is also more interesting information taken from the official website of Raiffeisen Capital.

In particular, according to the agreements concluded by this company, transactions with securities within the framework of the management of clients' funds are carried out:

Sberbank CIB Joint Stock Company
Joint Stock Company "Gazprombank"
Otkritie Broker Joint Stock Company

They do this not for altruistic motives, but for remuneration from the very capital that is allegedly managed by Raiffeisen Bank through its subsidiary Raiffeisen Capital. Note: this is far from the most cunning scheme!

Smaller players

Take, for example, the once popular 3 Sigma Profit Asset Management, which positions its activities as an individual trust management. Including cash and securities.

This company with Panamanian jurisdiction does not have a license from the Central Bank of the Russian Federation for banking operations, its only license was issued by the Ministry of Trade and Industry of Panama. The accreditation certificate for the activities of the Russian representative office was issued by the Registration Chamber under the Ministry of Justice of the Russian Federation and is valid until March 3, 2013.

That is, at present, the activities of this company in Russia are not legal. Is it worth trusting such "managers" with money? Absolutely not.

And what about abroad?

Abroad, an interesting option for trust management are.

The most famous of them represent whole "families" of funds, between which it is possible to freely move investors' deposits without any additional costs on their part. By this, the formation of the optimal ratio of profitability and is achieved.

The initial deposit amounts are usually small, from 500 to 2-3 thousand dollars. In the future, they can be replenished. Mutual funds have contracts with major brokers with very favorable terms of service. By investing in such funds, a person without special knowledge gains such advantages as:

Professional deposit management
Risk reduction
Cost savings
Protecting the interests of the investor

A striking example of a mutual fund is the world's largest Black Rock, whose assets are currently close to $ 5 trillion, and clients live in more than 100 countries. Of course Black Rock also has.

As you know, the portfolios of such funds are compiled in exact copy of the structure of indices, futures for which are traded on the stock exchange. , which are highly liquid instruments and are quoted throughout the day. Listed on the New York Stock Exchange, Black Rock products are known as iShares. Unfortunately, Black Rock does not work in Russia yet, but it is still possible to invest in their funds.

Aftertaste

The institution of trust management in modern Russia is relatively young and not all the nuances are spelled out in the legislation. This is skillfully used by experienced scammers who play on both gullibility and the appetites of customers. That is why it is important to trust not beautiful promises, but facts: strict adherence to Russian laws and a reliable reputation.

Working with foreign mutual funds in Russia today is not as easy as we would like, but there are still options. But what about mutual funds? Mutual funds and mutual funds are somewhat similar, but the latter, in most parameters, lack the flexibility of the former and diversification reliability. Although everything is changing, recently they even appeared on the stock exchange.

Perhaps the entry of Western giants into our market is not far off?

Dark side of the Moon

We just talked about the legality of managing other people's money, reputation and recommendations. Now about what is not customary to talk about.

Broker, bank, management company, traders - no one will discuss this with you. The point is that any trust management is a conflict of interest. The manager lives not on your results, but on commissions. Therefore, it is more profitable for him to sell the most expensive product (in terms of commissions). For you, of course, this is the worst case. Your loss = the intermediary's profit.

And judging by the premiums the fund managers get, they're doing just fine at selling. Note that the manager's bonus does not come from the money he earned, but from the money collected from the investors. Interesting situation ...

Therefore, my humble opinion is that there is no trust management that can be beneficial to you as an investor. Subscribe to updates, and you will not find out such secrets yet!

On the basis of a will, in which the executor of the will (executor) is appointed;

On other grounds provided by law.

In these cases, the founder of trust management may be another person other than the owner of the property.

Trustee in accordance with Art. 1015 of the Civil Code of the Russian Federation can be an individual entrepreneur or a commercial organization, with the exception of a unitary enterprise. This is due to the fact that asset management activities are aimed at making a profit or other benefit from the property. Therefore, persons whose legal capacity includes the ability to carry out entrepreneurial activities can act as a trustee.

In cases where the trust management of property is carried out on the grounds provided for by law (Article 1026 of the Civil Code of the Russian Federation), the trustee can be a citizen who is not an entrepreneur, or a non-profit organization, with the exception of an institution.

At the same time, it is specially indicated that the property is not subject to transfer to the trust management of a state body or a local self-government body. A trustee cannot be a beneficiary under a property trust agreement - otherwise, the trust management agreement loses all meaning.

Trust object

The objects of trust management can be enterprises and other property complexes, individual objects related to real estate, securities, rights certified by uncertified securities, exclusive rights and other property. Money cannot be an independent object of trust management, with the exception of cases provided for by law (the only such case is stipulated by the Federal Law of 22.04.1996 N 39-FZ "On the Securities Market": money can be an object of trust management for investing in securities) ...

Property that is under economic control or operational management cannot be transferred to trust management. The transfer to trust management of property that was in economic management or operational management is possible only after the liquidation of the legal entity in whose economic management or operational management the property was, or after the termination of the right of economic management or operational management of property and its receipt into the possession of the owner according to other stipulated law grounds.

Rights and obligations of the parties

When carrying out trust management of property, the trustee has the right to perform any legal and actual actions in the interests of the beneficiary with respect to this property in accordance with the trust agreement. A law or an agreement may provide for restrictions in relation to certain actions for the trust management of property.

The trustee makes transactions with the property transferred to trust management on his own behalf, indicating that he acts as such a manager. This condition is considered to be met if, when performing actions that do not require written execution, the other party is informed of their commission by the trustee in this capacity, and in the written documents, after the name or name of the trustee, a note is made "Trustee". In the absence of instructions on the action of the trustee in this capacity, the trustee is obliged to third parties personally and is liable to them only with the property belonging to him.

Features of trust management of mutual investment funds are established by law.

Thus, the trustee exercises, within the limits stipulated by the law and the property trust agreement, the owner's powers in relation to the property transferred to trust. Moreover, in Art. 1020 of the Civil Code of the Russian Federation establishes that the trustee disposes of immovable property in the cases provided for by the fiduciary management agreement.

The rights acquired by the trustee as a result of actions for the trust management of property are included in the composition of the property transferred to the trust management. The obligations arising from such actions of the trustee are fulfilled at the expense of this property.

To protect the rights to property in trust, the trustee has the right to demand any elimination of the violation of his rights.

The trustee submits to the founder of the management and the beneficiary a report on his activities within the time frame and in the manner established by the contract of trust management of property.

The trustee carries out the trust management of the property personally, except for the cases provided for in paragraph 2 of Art. 1021 of the Civil Code of the Russian Federation. Based on this provision, the trustee may instruct another person to perform, on behalf of the trustee, the actions necessary to manage the property if he:

Authorized to do so by a property trust agreement;

Received the consent of the founder in writing;

Forced to do this by virtue of circumstances to ensure the interests of the founder of the management or the beneficiary and does not have the opportunity to receive instructions from the founder of the management within a reasonable time.

The trustee is responsible for the actions of his chosen attorney as for his own.

Obligations under a transaction made by the trustee in excess of the powers granted to him or in violation of the restrictions established for him are fulfilled by the trustee personally. If the third parties involved in the transaction did not know and should not have known about the excess of powers or about the established restrictions, the obligations that have arisen are subject to fulfillment in the manner provided for in paragraph 3 of Art. 1022 of the Civil Code of the Russian Federation. In this case, the founder of the management may demand compensation for his losses from the trustee.

In the opinion of financiers, if a "simplified" with the object of taxation "income" became a party to a property trust agreement during the tax period, he, on the basis of the provisions of paragraph 4 of Art. 346.13 of the Tax Code of the Russian Federation is considered to have lost the right to use the simplified taxation system from the beginning of the quarter in which the specified requirements were not met (Letter of 11.06.2009 N 03-11-09 / 206). The rights to change during the tax period the object of taxation "income" to "income minus expenses" in connection with the conclusion by the taxpayer of a trust management agreement, ch. 26.2 of the Tax Code of the Russian Federation does not provide.

Value Added Tax. According to paragraph 2 of Art. 346.11 of the Tax Code of the Russian Federation, the application of the simplified taxation system provides for the exemption of organizations and individual entrepreneurs from paying a number of taxes, including VAT. But there are exceptions - for example, VAT in accordance with Art. 174.1 of the Tax Code of the Russian Federation, "simplifiers" are obliged to pay.

The Tax Code of the Russian Federation is devoted to the specifics of calculating and paying VAT to the budget when carrying out operations in accordance with a simple partnership agreement (a joint activity agreement), a property trust agreement or a concession agreement on the territory of the Russian Federation. At the same time, there are no exceptions for participants applying the simplified taxation system. Thus, when performing operations under a property trust agreement, the trustee is charged with the duties of a taxpayer established by Ch. 21 of the Tax Code of the Russian Federation, with all the ensuing obligations for the calculation and payment of VAT.

When selling goods (works, services), transferring property rights in accordance with a property trust agreement, the trustee is obliged to issue the appropriate invoices in the manner prescribed by the Tax Code of the Russian Federation. In this case, the tax deduction is provided in the manner determined by Ch. 21 of the Tax Code of the Russian Federation, in the presence of separate accounting for operations in accordance with the contract of trust management of property and operations for other activities.

Special attention should be paid to the "simplifiedists" that according to clause 1 of the Procedure for filling out a tax declaration for value added tax, approved by Order of the Ministry of Finance of the Russian Federation of 07.11.2006 N 136n, a tax declaration for VAT is submitted, among other things, by trustees, where in accordance with Art. 174.1 of the Tax Code of the Russian Federation entrusts the duties of a taxpayer. Clarifications on these issues are given in the Letter of the Ministry of Finance of the Russian Federation of 15.06.2009 N 03-11-09 / 212.

I.V. Kostin,

expert of the journal "Simplified taxation system:

accounting and taxation "

"Simplified taxation system: accounting and taxation", N 9, September 2009

Trust management is a designation that many have heard, but not everyone knows the essence of this set of words, and in vain, because this is one of the most effective ways to get passive income. Everyone dreams of living beautifully: we are all attracted by expensive resorts, and cars, captivatingly beckoned by the windows of expensive boutiques, but a beautiful life requires no less “beautiful” earnings. Therefore, it's time to find out what trust management is and how to make money on it, and how does a cryptocurrency trust work?

In the daily hustle and bustle between home and work, we sometimes forget to live, and if we manage to get a more or less acceptable standard of living, then in this rat race it is difficult to find time to enjoy being. Passive income offers the opportunity to make good money with minimal effort, but not everyone can find the way that will generate money without spending time and effort.

Trust management

Trust management offers the same investment activity, but with minimal risks, because such relationships are officially registered and are governed by the letter of the law. What is this outlandish way of generating passive profit and what is its peculiarity - further in the article.

Speaking of DM, it is necessary to immediately indicate that this is a rather broad concept, which can include various investments in a wide range of objects. At the same time, initially, trust management as such existed only "on the ground", and already with technical and social progress, business relationships of this type moved to the online plane, transforming into online investments. Therefore, more and more often we hear about various investment instruments and pay attention to them, but always fear of such unexplored frauds, due to the risk of losing our savings, prevents from active actions.

Trust management is the act of transferring personal assets in the form of any material assets to third parties in order to obtain benefits.

In simple, philistine language, DU is the transfer of your funds (it doesn't matter if it's money, a house or a business) to those who, unlike you, can increase this money, and you will only get your own benefit without being involved in the process. At the same time, it is worth distinguishing that, just as material values can be very different, the scope of their application can be anything, and the person acting as a trustee may even be a separate state or your neighbor who decided to succeed and earn extra money. You don't have to go far for examples. We all know what a bank is, and that this organization accepts funds for deposits, paying interest.

So, creating a bank deposit is also the transfer of funds to the management of an organization that will put them into circulation, make a profit and share some of it with you. As you can see, trust management is quite common in our life and, moreover, it is a completely legal phenomenon, which is regulated by the Civil Code. It is worth noting that trust management has many benefits and is resorted to for three main reasons: due to a lack of time, knowledge, or the inability to perform any actions yourself to make a profit. At the same time, both individuals and legal organizations can increase their capital by involving it in trust management.

Not many people know, but the transfer to asset management, as a form of trust management, has existed legally for more than 10 years. During this time, various spheres of human activity were involved in the plane of such business relationships - as our people rely on inventions, they are strong and earn money at times in the most eccentric ways. But we will not talk about some outlandish forms of DU - they exist on the verge of law and morality, but we will sort through more traditional options.

The transfer of personal funds into the hands of professionals who are able to use various investment instruments and increase capital has now become very affordable, because today you can carry out these actions through a PC and an Internet connection. Of course, great demand also causes an increase in supply, so it is not surprising that there is a whole classification of types of DE, which we will consider below.

Stock management

The concept of assets means the totality of movable and immovable property, money belonging to a particular company. Moreover, not only material values that have physical embodiment are classified as assets - these can be rights, patents, deposits in banks, investments in gold. Trust management of assets is very similar to the management of property, but still it is not the same thing, there is a slight difference in the legal framework. In fact, property is the tangible objects of a company that are required to have documents, regardless of whether they generate income or not, while an asset is required to generate income and does not necessarily have any legal rights.

Securities management

Many owners of securities simply do not find the time to manage and generate income. In this case, you can transfer management of shares to a broker or any company that will provide profit from existing assets. At the same time, the securities themselves will be on the exchange in the depository, while the managers will be responsible for their movement, settlements, payment of taxes, etc.

You only have to make a profit, which will bring investment management, and in your free time to deal with personal affairs. At the same time, it is prescribed by law that a securities administrator cannot guarantee that you will certainly receive income and is not at all obliged to do so. The essence of this postscript lies in the fact that the securities market is a rather spontaneous environment and market participants cannot predict with a 100% guarantee the profitability of this or that asset. But the owner of the shares can choose certain tactics in the market, and the broker is obliged to follow these instructions. Thus, you can provide some control over the condition of securities and their relative safety.

Table of types of securities for investment:

Property management

If you once made real estate investments and own an apartment or house, then they can also be transferred to management. For example, if you do not have the time or opportunity to rent out your property on your own, then you can receive income from housing by concluding an agreement with a real estate company.

You can be anywhere in the world and do whatever you want while professionals take over the trust management of the apartment: they will find a tenant for your property, charge a fee and transfer to your account, and even perform various cleaning and repair work, and if necessary, and paying utility bills while you enjoy life. Isn't it passive income? In turn, the realtor will take a certain percentage of his services, which will somewhat reduce the profitability of renting out housing, rather than if these actions were carried out by you yourself.

Property management

The main type of remote control is the transfer of property to trust. There are several material values that are defined by law as property and are most often used for transferring to management:

Earth;
building;
goods, products;
inventory and tools;
equipment and apparatus;
rights (of individual enterprises in the form of trademarks, products, services, rights of claim).

And this is not a complete list of property - the entire list is clearly recorded and described in the legislation of our country. That is, everything that is property and theoretically can generate income during its operation can be transferred to trust management.

Most often, it is money that is transferred to other persons and organizations for management, therefore, the management of financial investments is singled out in a separate category. In this case, the manager makes a profitable investment and receives a certain percentage, and the owner of the capital - profit. And it would seem that everyone is happy and everyone is in the black, but there are some nuances of this investment, which we will consider below. First, at the legislative level, it is enshrined that the minimum amount that can be transferred to trust management is 200 thousand rubles.

Of course, there are small investors who do not have such significant funds, but still want to make money on full liability. In this case, there is a pooling of funds in the so-called pools - several investors invest money in a common cash desk and the manager will already dispose of this amount, and the profit will be divided depending on the share of participation. A striking example of this type of remote control are PAMM accounts, in the organization of which the trader manages the funds and conducts financial transactions on the Forex exchange, and the profit is distributed among the participants in proportion to the contribution. Of course, this type of remote control can be considered to some extent high-risk, because it is not known whether the manager will be able to get profit. This often depends on external factors, and the loss of money will not be compensated for by anyone.

Speaking about all of the above types of trust management, it is worth noting that this is a fairly safe investment instrument, but it is important to choose the right reliable manager who will increase the available capital.

So, you have come to the conclusion that you cannot manage your existing assets and values, but you don’t want to invest in dubious MLM projects and mutual aid funds - it’s time to use the services of a trustee who will be able to increase your capital. And, it would seem, it is easy to crank - find a person or a company that deals with DM and get a well-deserved profit. But not everything is so simple in our world, and you should carefully prepare and go through a lot of paperwork in order to properly formalize everything legally.

In order to correctly transfer your assets to a DM, you need to be well aware of the legal field in which this relationship operates.

There are many nuances that largely ensure the success of transferring something to trust, so you need to approach this process very carefully. Of course, the choice of the trustee, and the preparation of documents, and awareness of the rules of cooperation based on trust management are of great importance. How to figure it out for everyone and successfully switch to remote control, read on.

It is important to choose the right company to entrust the management of financial investments or property. It is important to emphasize that this role can be fulfilled not only by any large investment firm, but also by an individual, even if he does not conduct business. But not all trustees are equally good and the candidates should be analyzed very scrupulously, because the success of further cooperation and your passive earnings in particular depend on their experience, approach to business, awareness of the issue.

Below, we offer you five main recommendations that will allow you to give preference to a decent company that can provide stable income. At the same time, do not take these rules as a single-faith guide to action - you can develop a personal strategy for selecting a manager or borrow the experience of successful colleagues.

The level of analytical service of the company

Companies in which the analytical department is weak and does not know how to timely monitor and draw conclusions about market sentiment simply cannot provide full-fledged earnings on your capital. Moreover, with such a manager, you can not only not earn, but also lose what you already have. Therefore, select a company for remote control that has an analytics department that fully provides the process with high-quality and timely analysis of the economy, politics, company affairs and is able to make accurate forecasts.

Experience of the management company

It goes without saying that an experienced company will be able to more adequately manage your capital, make the right decisions in difficult situations, and find the most profitable and advantageous offers. Knowing the length of stay of a manager in a specific market segment, you can roughly estimate how competent this option is and whether it suits you. In addition, the term of work will indicate to you the reliability of the company, because if the manager has worked for a certain number of years, then he is in a certain demand, and if his services are needed, it is quite logical that he most likely knows how to manage the clients' capital.

Company rating in the service market

In our country, the National Rating Agency operates, which monitors the success of trustees and builds ratings of the best of them. This official organization analyzes the work of the administrations in various parameters and market segments, and assesses how they cope with their obligations to clients.

NRA has been operating for more than 14 years and is currently the most authoritative and reliable rating agency in the country, and the results of its monitoring are accepted by both society and government agencies as financial advice. In short, if you have chosen a company, then double-check its location in the NRA rating - the organization provides reliable data and if the company is not in the list of the best, then perhaps it is not worth cooperating with it.

The volume of assets under management

The reliability and seriousness of the company is also indicated by the amount of money or the amount of property that was delegated to the management of the company. If the manager gives a good profit, then, of course, he will be in demand, and clients will line up to him. In this case, the management of a particular person or company will have a significant amount of assets, which will be indicative for you when making such an important choice. The same managers who are trusted with insignificant management of financial assets, most likely, may be newcomers who, due to inept actions, will simply drain your funds down the drain.

21May

Hello! In this article we will talk about trust management.

Today you will learn:

What can be transferred to trust management;
How to open a trust agreement;
How to choose the right management company.

Trust management and its features

Today there are a huge number of intermediaries in various spheres of life. You can enter into an agreement with any company that will make a wholesale purchase for you or deliver goods to the addressee.

This is a common type of business that is gaining momentum. It is convenient not only for intermediaries, but also for the customers of the service themselves: there is no need to delve into the essence of the issue, you can simply pay money and conduct a transaction on favorable terms.

Intermediaries can manage the property in order to preserve it or increase assets. This is called trust management.

For example, you want to, but don't know how. A qualified manager will cope with this task. This option is also suitable for busy people who have no time to deal with their own property: it is easier to transfer it to a temporary disposal with some restrictions to a third party.

You can transfer cash or other property as an individual (working as an individual entrepreneur) or. They must have a license to carry out such activities, otherwise they can lose part of their property or even contact scammers.

Individuals and entire organizations can be members of trust management. In both cases, an agreement is concluded, which stipulates all the nuances of the transaction.

Management companies charge a certain fee for their work. Usually it is calculated as a percentage of the profit that was obtained during the limited disposal of property. Its size depends on the type of property transferred for management, the policy of the company itself and the profit received.

An important factor here is that these intermediaries do not give guarantees of profitability (hence the notion “trustworthy”). This important caveat is contained in the legislation.

Intermediaries can disclose to you the profits generated in the previous period of activity when interacting with other clients.

As a rule, a trust management agreement is concluded for a period not exceeding 5 years. If the parties, upon its completion, did not take the initiative to terminate the agreed conditions, then such an agreement is extended by default for a new period.

In this case, the manager does not need a power of attorney to perform any actions with the transferred property. For the actions to be legal, it is enough to affix the mark “D. W. ".

The procedure for interaction between the manager and the owner of any asset is regulated by the Civil Code of the Russian Federation. Failure to comply with legal regulations may result in penalties.

Trust classification

The trust management service is gaining popularity: more and more people transfer their own funds on favorable terms to intermediaries.

Depending on the object of the agreement, there is trust management:

In cash... You transfer your own funds to a management company, which increases capital within a certain period;
Securities... If you have a package of stocks or bonds, the manager will help you to profitably carry out the purchase and sale on;
Real estate... Buildings, structures, land plots or entire complexes;
Assets... These are various material supplies, vehicles and other property of enterprises;
Property... For example, an organization might transfer its own equipment or copyrights to a reseller.

Each type of property will have its own management company. Universal intermediaries dealing, for example, with money management and real estate are extremely rare today.

If you need to transfer securities and equipment to your disposal, you will have to contact different companies. This division is due to the narrow specialization of most companies. They employ professionals from one area, whose knowledge is at a high level.

However, the management of funds and securities can be handled by one company.

Trust management by the nature of the interaction between the manager and the client can be:

Complete... In this case, an agreement is concluded in which the owner completely transfers the initiative to the intermediary. The manager is responsible for all actions with assets. However, he does not guarantee a profit, and the losses incurred through his fault cannot be challenged in court. This is possible only if you prove the intention of his actions, which is practically impossible in practice, especially if you do not know the basics of this activity;
By agreement... The manager informs the client about favorable market moments for making transactions with the transferred property. The owner, at his discretion, can give a positive or negative answer. In this case, the responsibility for the operations falls on the shoulders of the client. If the deal turns out to be unprofitable, then the intermediary will not be to blame;
By order... The owner of the assets transferred for trust management, at his own discretion, transfers the action plan to the intermediary. In this case, the intermediary's control right is limited, he cannot independently make decisions on transactions with the controlled object.

Full trust management is in great demand in our country. For the most part, this is due to financial illiteracy and unwillingness to delve into complex financial issues.

Trust money management

The transfer of funds to trust management is not yet a guarantee of making a profit. In case of unfavorable events, you can generally lose your invested money. Usually, some guarantees of receiving income or returning funds are stipulated in the concluded agreement.

The money management agreement may indicate that, based on the results of the transaction, the client receives:

A certain guaranteed amount of invested funds as a percentage of the initial capital + profit. For example, in case of an unsuccessful development of events, only 70% of the capital will be returned to you, and in case of a successful transaction, you will take your own funds and 13% per annum is guaranteed;
Total investment amount + interest... This can be attributed. Only the restrictions on deposit insurance should be taken into account. It is recommended to place no more than 1,400,000 rubles in one management company (in a bank);
Unpredictable outcome of the transaction... There are no guarantees, the work of an intermediary can only be judged by previous gains or losses. This is the most risky type of trust management, which, if won, can bring returns in excess of 100%.

The purposes of trust money management are:

Saving money from uncontrolled spending;
Preservation of monetary assets in ownership during the procedure;
Tax evasion, concealment of the identity of the owner of the money;
Capital build-up.

The most common ways to manage funds:

In both cases, you are transferring funds to a management company that allocates assets.

Mutual funds are the most profitable option for owners of small amounts. If you are unsure of how to profit from small capital, buy a few shares, which you can then profitably sell.

Mutual funds allow you to invest in a variety of areas of life. For your money, combined with other assets of the depositors, the purchase of securities will be made, carried out or. It all depends on the direction of the management company (MC).

PAMM accounts are a common tool for investing in stock and. You open a special account that merges with the accounts of other members.

An experienced manager controls the placement of the entire amount of funds and closely monitors the process. Since the amount of investment turns out to be impressive, then the income can be appropriate.

Trust property management

Property management involves solving a whole range of tasks and depends on the specifics of the transferred object.

The latter could be:

Real estate;
Exclusive rights (for example, management of shares in);
Securities;
Movable property;
Other.

As you can see, the range of control in this case is very wide. The intermediary can dispose of all property within the framework of the agreed upon agreement: from securities to real estate complexes.

Such types of management are convenient in cases where the owner of the assets went to temporary residence in another country. During his absence, affairs will not stand still: a competent specialist (and in most cases, a group of them) will dispose of the property at his own discretion or clarify the client's action plan.

The transfer of property to trust is often carried out in the course of guardianship or the recognition of the owner as missing. Moreover, often the property is not in the hands of the copyright holder, but in the possession of the guardianship authorities.

Here, the manager will not necessarily be some kind of organization, more often it is an individual in the role of a guardian. In this case, the manager will not be considered the beneficiary of the contract.

It is important to understand that the disposal of the owner's property is temporary. According to the law, the ownership of the assets does not pass to the manager.

Trust property management

When many of us turn to real estate companies. This is one of the types of real estate trust management.

There are countless such intermediaries on the market, and they have existed for a long time. Their activities are based on concluding an agreement with a client, according to the results of which the sale of real estate will be carried out, or looking after it during the absence of the owner.

The management company, depending on the subject of the agreement, provides several services:

Payment of utility bills;
Room cleaning;
Timely repair;
Purchase of the necessary furniture, appliances, etc .;
Search for a client suitable for the role of a buyer or tenant;
Insurance;
Safety from the encroachments of third parties;
Resolving conflict situations with representatives of the law or residents;
Representing the interests of the owner in the regional chamber;
Transfer of funds received as a result of the transaction to the account of the property owner.

Trust management of an apartment, building and other real estate is recorded in the regional chamber in the same way as an ordinary sale and purchase transaction. An agreement signed on other terms is null and void.

If the agreement is concluded for a period of more than one year, then all actions with real estate must also be registered with the state authority.

Trust management of securities

If you want, then the initiative in this matter can be transferred to a brokerage company. She will competently draw up an investment portfolio, predict possible risks and profitability.

For example, you can open an individual account, which will be controlled by an intermediary.

As you know, shares are a rather risky stock market instrument that can deprive the owner of the invested funds in a short period of time. And if there is a high risk, then the profit can exceed expectations. Trading in the stock market requires special knowledge and trading skills. Without them, you can lose capital.

The management company is focused on and generating income from them. At the same time, the broker often combines the client's invested funds with personal ones. For the owner of capital, this is the confidence that each transaction will be carried out very carefully: after all, failure threatens the trader himself with loss of funds.

An important concept in the trust management of securities - diversification... It is necessary to distribute the available capital among several instruments of the securities market.

Example. You can invest in stocks of large companies, government bonds and a small part in the securities of newcomers to the market. This will help increase the efficiency of your investments and increase the chances of earning a large income.

A securities trust usually takes 12 months. Some clients withdraw funds after six months. The main goal of transferring management of stock market instruments is precisely capital gains in a short time.

Trust management of shares and other securities is highly popular in our country, since a small number of the population still understands the intricacies of trading in the stock market.

The terms of the contract may stipulate that the client will observe the actions of the manager online. This will allow you to recognize some of the nuances of the market and understand many concepts. In the future, if desired, the client will be able to conclude the first transactions on his own.

The owner of the purchased securities has the right to be interested in the actions taken by the trustee and to clarify the situation on the market. If, for some reason, the owner of the capital deems it necessary to withdraw his funds, he cannot be denied this.

Trust asset management

Each organization has a variety of assets at its disposal. To manage them more efficiently and bring profit in a short time, this activity is entrusted to a third-party company.

The following property of a legal entity can be transferred for trust management:

Building;
Various kinds of structures;
Equipment;
Vehicles;
Commodity values;
Copyright and available patented technologies;
Bank deposits.

An important feature when transferring the assets of an enterprise into trust is that they are not combined with the funds of the manager. A separate account is kept of the property received, which is negotiated at the stage of the transaction.

The intermediary can transact with the firm's assets on his own behalf. At the end of the agreement, the proceeds are transferred to the account of the owner of the assets.

In this case, the object of the agreement may be opening an account for:

Stock market;
Forex;
Purchase of metals.

The most risky of these options is the Forex market. Making deals on it, the company runs the risk of being left with nothing. Investments in the foreign exchange market are suitable exclusively for firms pursuing an aggressive policy.

Another area for asset allocation is the real sector of the economy. This is the purchase of real estate, equipment and other large objects. This activity has a long process, which for a long time withdraws funds from the organization's turnover, and therefore is available only to large enterprises with free capital.

The most common way to invest assets is by investing in stock market instruments. Moreover, here companies may have the goal of generating income or acquiring other firms by purchasing a controlling stake.

When concluding a contract, an investment declaration must be drawn up. It contains in detail all areas of investment.

During the term of the agreement, the owner of the assets has the right to withdraw his own money in part or in full. However, it is possible to withdraw funds received as income only during the periods specified by the operating conditions of the management company.

Enterprise asset management involves handling large amounts. Usually, intermediaries conclude contracts for an amount of 1,000,000 rubles or more.

Instructions for those wishing to use trust management

In order for the accumulation process to go smoothly and without involving the owner of the capital in the process, it is better to find a competent manager. In this case, an agreement is concluded that stipulates all the nuances of the intermediary's actions and excludes fraudulent tricks.

To transfer your own property, assets, funds into trust, you will need to go through several steps:

Decide what exactly will be transferred to the intermediary... The further search for a manager, the amount of his remuneration, the term for concluding the contract and potential profit depend on this. It is important not to transfer to management those funds that you may need in the near future. Intermediaries do not guarantee income, and therefore there is an opportunity to be left without the required funds;
Choosing an intermediary... It is important to find a management company whose name is well known. She must have an excellent reputation, and besides, be licensed to provide services. You should not trust your own property to dubious individuals who call themselves representatives of financial companies. Check all the documents, and most importantly - read reviews on the Internet;
We collect the necessary documentation... Each company presents its own list. It depends on the nature of the further actions of the intermediary and the degree of participation of the owner of the capital in it;
Conclusion of a contract... Be sure to ask the manager if any point of the agreement is not clear to you. Phrases should not be taken in two ways, and therefore, if in any doubt, ask to redo the line of the contract. Here, pay attention to the term of the agreement, the amount of remuneration and your rights. Most often, the form of the contract has a single template established for all clients;
Payment for intermediary services... This can be a fixed amount payable immediately after the conclusion of the contract or a percentage of the income received. If possible, choose the second payment method. He acts as the manager's motivation for more earnings, which means that you will receive a considerable income;
Control over the activities of the manager... Please note that there must be a clause in the contract that addresses this issue. For example, an intermediary can report income and losses for specified periods. This is important as you will be able to determine the effectiveness of management and timely save funds from possible loss.

How to choose a management company

Entrusting your own funds to an outsider, even if he is an employee of a large financial company, is not an easy task. Therefore, the selection of a management company must be taken very carefully. Your income and the safety of capital or other property depend on this action.

Pay attention to the company's analytics base... Market analysis is an extremely important indicator by which one can predict asset purchase and sale transactions. If the management company does not maintain analytical and news blocks on its website, this is a reason to be wary. Any large and self-respecting company spends a lot of money on this, which a small intermediary without experience cannot afford;
Determine the level of reliability of the intermediary... Refer to various rating agencies. Their reviews can be found easily on the internet. The management company should occupy the top lines of the rating - this will speak of its high reliability and great experience;
Find company reviews... Don't neglect the opinions of your customers. They have a lot to tell. From their words, we can conclude about further cooperation;
Find out how many investment strategies the management company offers... If there are three or more of them, then this company can be considered for transferring its own funds. If there are only two strategies, or one at all, then you should not contact such an intermediary;
Analyze the investment portfolio offered by the management company... It is believed that in practice, the share of one type of asset in the diversification of investments should not exceed 15%. If this figure is much higher, and besides, it corresponds to risky assets, then you may lose your capital;
Find out if the reseller provides a personal manager service... In this case, you will have a personal financial intermediary with whom you can agree on various nuances and consult on any issue;
Check if you will have the right to restrict the actions of the manager... For example, it is important to set the level of the percentage of assets in a diversified portfolio. Thus, you can protect yourself from inappropriate actions of an intermediary and save your invested money;
Find out on what basis you can request a report on the actions of the manager (paid or free) ... In reliable companies, at your request, information is provided free of charge, and for any period of time.

Following our recommendations, you can find a quality manager who will not only preserve your capital, but also bring high returns. The main thing is to ask all your questions before concluding the contract, so that the nature of the company's activities is clear to you at the initial stages.

Every person who has certain spare funds wants to place them profitably. Hiding under the pillow is not an option, because money has to work. A bank deposit is not relevant, because low annual interest rates in most cases do not even cover inflation. And not everyone will decide to invest on their own, because this requires certain knowledge and skills - without them the risk of losing everything is too great. This is where trust management comes to the rescue, which allows you to earn even on small amounts.

What is trust management?

Trust management- This is the temporary possession of the property of an individual or legal entity on the basis of an agreement with the aim of generating income in the interests of this person. In this case, the person who transferred his property to trust remains its owner for the entire duration of the trust agreement. The trustee helps to invest assets correctly. He manages the client's funds in order to generate income, which is also the property of the client.

The most famous is trust management associated with, but it is also common in other areas of investment - real estate, securities, investments in startups, etc. You can also manage your business in this way - transfer the functions of a manager to another person and only receive income.

The relationship between the parties to the transaction - the manager and the investor - is built on the basis of a trust management agreement, which specifies all the terms of the transaction: the tasks of each of the parties, functions, the amount of commission, terms, information about assets, options for resolving disputes, etc.

This way of investing is suitable for those who do not want or do not have the opportunity to understand the intricacies of a particular market. So, for example, for successful trading on the stock exchange, you need to devote a lot of time to training, otherwise you can simply "lose" all the money. At the same time, there is still no guarantee that you will be able to be a trader. And in the case of trust management, you can entrust the profit to an experienced professional.

Investing in gold, art, real estate also requires certain knowledge. In order not to lose your savings and not waste time studying the situation on the market, the services of professionals are again used.

How are funds used in trust?

Trust management in the capital market is used to temporarily transfer funds in full or in part to a manager (for example, a managing financial and credit institution or a trustee) in order to carry out maximum profitable transactions in the interests of the investor (depositor).

The trustee, as a rule, receives a monetary benefit in the form of a percentage of the income brought, which motivates him to responsibly fulfill his obligations.

It is possible to invest in the market through mutual funds, through brokerage houses on the basis of a trust management agreement in securities and currency on the basis of which, from a technical point of view, simplify the transfer of funds in trading accounts to trust management.

Benefits of trust management

free time that does not need to be spent studying options and intricacies of investing;
fairly high return on investment (20% -40% per annum);
low level of risk;
the ability to quickly enter and withdraw money;
upon transfer of property to trust management, the ownership right does not pass to the manager.

Disadvantages and risks of trust management

unscrupulous manager. Fraudsters do not sleep and there is always the possibility that the manager will simply take the money and disappear. Therefore, when choosing, you need to check the history, reputation, be attentive to reviews;
possible loss of part of the investment. Still, this kind of investment is a risk, and you need to be prepared for the fact that it is not always possible to earn money, especially if you use trust management on the currency or securities exchange. To minimize risks, the strategy, investment tactics and actions in case of losses should be prescribed in the contract with the manager;
human factor. We are all human - the manager too. He can simply get sick, go to the hospital, solve urgent family matters, etc. And a deal that is not completed on time is sometimes quite expensive.

How to use the power of trust and whether to use it at all is up to you. Remember that you can both make and lose. Take everything seriously and choose wisely.