Significato Di Escrow Agreement
According to the most accredited opinion, the number of the trust is in the broader category, trusts, where the custodian has the status of agent with powers, which are limited by the delegated assignment: at least as a general rule, it will have no investment powers, but will have to commit to trusting the sums or goods delivered, usually to transfer to a current account or a file of separate securities, and to pay the sum or return the goods in accordance with the rules and instructions specifically dictated by the parties, and then, at the end of their work and the arrival of the terms. Therefore, the custodian is an independent entity compared to the other parties involved in the transaction (depositor/third beneficiary), even if it is bound to them by a binding relationship, the trust agreement. It is precisely for this reason that one can play the role of custodian of the subjects, ensure impartiality, third party and independence from the parties, and therefore, as is the case in practice, trust companies that provide professional service not only at the level of trust agents, but also with respect to anti-money laundering and the management of fiduciary or current accounts managed by the trustee on the basis of what is agreed in the agreement. The custodian agrees to return the deposited goods (or the sum) to the beneficiary of the trust contract after the arrival of a particular condition (which is often fulfillment by the beneficiary himself). The agent acts as an agent when he is involved to ensure compliance with a contractual benefit upon the arrival of one or more conditions derived from the agreement. For example, in contracts for the sale of a company`s holdings, the parties agree that the shares covered by the transaction or the investment in cash will be transferred to the agent who, as agent, makes a commitment to deliver them to the right person only after the expected condition has arrived (result of duty of care, compliance with certain indices of profitability, absence of claims and disputes, expiry of a period of time, etc.). In this way, the agent becomes the guarantor of the execution of the contract. While the transferred assets in the trust fund are in addition to a separate asset and are linked to the achievement of the intended objectives, the trust fund`s sole objective is to secure the principal loan, although it gives confidence in the attitude to be adopted in favour of asset segregation and the consequence that assets valued as collateral constitute a separate asset not confused with the personal assets of the property. In the case of a receiver account, the exporter transmits the corresponding documents directly to the importer (who reviews them in accordance with the agreement) and not to his bank, in accordance with the written credit, after the goods are sent. The trust fund is a contract that tends to be trilateral when a custodian (intermediary/trust holder) entrusts a particular asset that he can keep for a third beneficiary.