Some institutions are not able to hold registered ownership of the land. Partnerships and real estate trusts (REITs) are two examples. If these organizations choose to own land, they must appoint an agent who owns a registered property. Among the main provisions of an agreement reached by the actual beneficiaries are: an economic beneficiary is a person who benefits from the benefits of property, although the right to one form of property is in another name. The relationship between the liquid trustee and the beneficiary must be established in a written agreement, often referred to as the Bare Trustee Agreement or “Agreement Nominee.” A written agreement will facilitate financing operations and the transfer of real estate with the deferral of tax on land transfers or exemptions. While many have been used legally, it appears that some actual beneficiaries were being hidden for shameful or illegal reasons. This article provides a very broad overview of the nature of trusts and why they are sometimes used in real estate. If you are considering buying or lending money guaranteed by real estate, please contact a member of the Houser Henry-Syron LLP team to discuss how best to structure your transaction. Holding a title registered on behalf of an agent can reduce the number of parties who must sign documents to complete a transaction. This is particularly useful for joint ventures with several participants. Why use a naked attorney to keep a property registered on the land? Lenders would be well advised to require a “tri-party” agreement on the economic beneficiary between the simple agent, the economic beneficiary and the lender. In the absence of such an agreement, the lender has no recourse against the actual beneficiary in the event of a delay. The lender`s only recourse is against the country and any other security of the sole agent that is not ideal in a declining market or in a high credit/value ratio.
When a fiduciary structure is used, the recipient or economic owner appoints an agent or candidate who serves as an agent to the client since he is the economic beneficiary and, in the case of a simple trust, the nominee does not have the authority to look after the assets, except on the instruction of the actual beneficiaries. In a simple trust, there is an agency relationship between the candidate or agent and the actual beneficiaries. Since the actual beneficiaries retain the power to manage the assets and the candidate or agent acts only on the instruction of the actual beneficiaries, the actual beneficiaries are ultimately responsible for the debts and obligations of the candidate or agent. A trust exists where there is an asset held by an agent or candidate for the benefit of a third-party beneficiary or beneficiary. Actual beneficiaries may wish to create a trust to hold assets if, for example, beneficiaries do not wish to be disclosed; facilitate the logistics of contract execution or beneficiaries are not legal entities that may own real estate. In most countries, real estate records show the names of property owners.