Property trust management agreement
- one of the types of contracts provided for by the Civil Code of the Russian Federation[1]
Under a property trust management agreement, one party (the management founder) transfers property into trust management for a certain period of time to the other party (the trustee), and the other party undertakes to manage this property in the interests of the management founder or the person specified by him (the beneficiary).
The property trust management agreement is real, fiduciary, as a general rule, gratuitous and unilaterally binding, although in the case provided for by the agreement it can be compensated and therefore bilaterally binding.
As a rule, a simple written form is required for a property trust management agreement, with the exception of the case of transfer of real estate to trust management. Failure to comply with the form of the property trust management agreement entails its invalidity (Article 1017 of the Civil Code of the Russian Federation).
Object of trust management
Objects of trust management can be enterprises and other property complexes, individual objects related to real estate, securities, rights certified by uncertificated securities, exclusive rights and other property[1].
Money cannot be an independent object of trust management, except in cases provided for by law.
Property under economic management or operational management cannot be transferred to trust management. Transfer to trust management of property that was under 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 termination of the right to economic management or operational management of the property and its receipt by the owner as otherwise provided by law reasons. The transfer of property into trust management does not entail the transfer of ownership of it to the trustee.
Trust property management
Advice from lawyers:
1. How can you return money under a property trust management agreement from Investment LLC; the agreement was currently concluded on October 13, 2016.
1.1. Good afternoon, dear Maria Submit an application for termination of the contract, indicate the point on the basis of which you are terminating the contract. Happy New Year and Merry Christmas!
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1.2. How can I get money back under a property trust management agreement from Investment LLC; the agreement was currently concluded on October 13, 2016. Money can only be returned by terminating this agreement.
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1.3. In order to return the money under the property trust management agreement from Investment LLC; the agreement was currently concluded on October 13, 2016, you need to terminate the agreement by writing a statement.
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1.4. Good day! The conditions for refund and termination/change of the contract must be provided for in the contract. Study the terms of the contract carefully and submit a written complaint.
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2. I want to rent non-residential premises; the landlord manages the building under a property trust agreement. It is written in the agreement between him and the owner that this agreement is concluded for a period until the complete sale of the building. What does this mean?
2.1. This agreement is concluded for a period until the complete sale of the building. This means if the owner sold. The contract is automatically terminated.
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2.2. The agreement transfers the right to dispose of real estate (including rent and sale...). But the term of the trust management agreement cannot exceed 5 years, Civil Code Article 1016. In your case, the building manager, while there are no buyers, rents it out.
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2.3. Still, it is advisable to show the entire contract to the lawyer before concluding! Because different probabilities follow from one condition you specified. And it is in your interests to clarify..
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3. What is the difference between a commission agreement, an agency agreement, a property trust management agreement, and an agreement for the management of an atelier as an organization.
3.1. Completing assignments for students is a paid service.
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3.2. Good afternoon There is no difference, civil contracts are listed, without seeing the text it is not possible to give a more specific answer.
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4. The husband died, but there are still 4 months to wait for the inheritance. The cars were registered on it. How can I continue to use them if registration for them has been suspended? The notary made a property trust agreement. And the traffic police refuse to register.
4.1. Hello! If you are an heir, you will be able to dispose of the car no earlier than six months after the death of the owner - after entering into an inheritance. You can dispose of the car only after entering into an inheritance.
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4.2. Are you registered with OSAGO? If yes, then use the car, but you cannot dispose of it yet.
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5. Under a trust management agreement for commercial premises. I'm the owner. Can I keep 10 percent for myself and 90 percent of the income for the trustee under a property trust agreement? And the second part of the question... can someone challenge it later? For example, the girl with whom I had a child?
5.1. Do you already have a draft agreement? We need to look at its conditions. The girl can't argue.
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5.2. Hello, Theoretically you can. It all depends on the terms of the contract. Only you can challenge the contract, and only if there are grounds for doing so. The girl can't do it. I wish you good luck and all the best!
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6. If the mother has not drawn up a trust management agreement for the property of the absent spouse with the guardianship and trusteeship authority. Can I (my son) formalize this agreement after 3 years since the decision of the missing person came into force?
6.1. Good day. If your mother has not drawn up a trust agreement for the management of the property of the absent Spouse with the guardianship and trusteeship authorities, then any other close relative or Heir can do this.
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6.2. In accordance with Art. 43 of the Civil Code of the Russian Federation, the selection of a trustee for the property of an absent citizen is carried out by the guardianship and trusteeship body, which concludes a trusteeship agreement.
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7. They offer me housing in which we (my family) can live and at the same time draw up an agreement for trust management of the property of the incapacitated person. What disadvantages can we expect? And after the death of the incapacitated person, will we be able to register this housing in our own name? Relatives refuse all this...
7.1. — Hello, no one will enter into such an agreement with you. And it is possible that the property itself is no longer in the possession of the guardian, but this could be the PND or another guardian. Good luck to you and all the best. :sm_ax:
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7.2. After the death of an incompetent person, all his property legally passes to his relatives, parents, children, and spouses. If you are not related, then you do not inherit anything.
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8. My husband is listed as missing, we have a child together. His mother (the child’s grandmother) died; the guardianship authorities refused to enter into a property trust agreement with me, citing the fact that he was not recognized as dead. Tell me what are my next steps?
8.1. You can become a child's guardian and perform all actions with his property with the permission of the guardianship authority. A court decision is required to declare the child's father dead.
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8.2. Article 45. Declaring a citizen dead 1. A citizen may be declared dead by the court if at his place of residence there is no information about his place of stay for five years, and if he went missing under circumstances that threatened death or give reason to assume his death from a certain accident - within six months. 2. A military serviceman or other citizen who has gone missing in connection with hostilities may be declared dead by a court no earlier than two years from the date of the end of hostilities. Consultant Plus: note. On the application of the provisions of the Civil Code of the Russian Federation as amended by Federal Law No. 79-FZ of March 30, 2016, see Article 4 of the said document. 3. The day of death of a citizen declared dead is the day the court decision to declare him dead comes into force. If a citizen who has gone missing under circumstances threatening death or giving reason to assume his death from a certain accident is declared dead, the court may recognize the day of death of this citizen as the day of his alleged death and indicate the moment of his expected death. (Article 45 of the Civil Code of the Russian Federation)
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9. Trust management of property. Can money be property? And how it should be formalized.
9.1. Money is property. Movable. Just take into account the provisions of the Civil Code of the Russian Federation, Chapter 53. Article 1013. Object of trust management 1. Objects of trust management can be enterprises and other property complexes, individual objects related to real estate, securities, rights certified by uncertificated securities, exclusive rights and other property. 2. Money cannot be an independent object of trust management, except for cases provided for by law.
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9.2. Objects of trust management can be enterprises and other property complexes, individual objects related to real estate, securities, rights certified by uncertificated securities, exclusive rights and other property (Article 1013 of the Civil Code of the Russian Federation).
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10. How can you return money under a property trust management agreement from Investment LLC; the agreement was currently concluded on September 27, 2016. The deadline expires on 02/24/2016. According to the contract, the loss is more than 5%. If you terminate the contract now, what losses could there be from the invested amount? The agreement was concluded not in Kazan, but in a branch of the TFB. Phones in Kazan do not answer, but on the website they write that everything is fine.
10.1. We need to look at the contract. What are the conditions in case of early termination of the contract? You should be alarmed that the company's phone numbers do not answer. This company must have a license, because... trust management of funds - activities are licensed by the Central Bank of Russia. Find out the license number on the website and make a request about it, you can write a complaint to the service for protecting the rights of consumers of financial services at the Central Bank.
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10.2. How can I return money under a property trust management agreement from Investment LLC; the agreement was currently concluded on September 27, 2016. The deadline expires on 02/24/2016. According to the contract, the loss is more than 5%. If you terminate the contract now, what losses could there be from the invested amount? The agreement was concluded not in Kazan, but in a branch of the TFB. Phones in Kazan do not answer, but on the website they write that everything is fine. Good afternoon, to answer your question you need to study the contract.
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11. I want to give a power of attorney to an acquaintance in Moscow to enter into trust management of the property of my brother’s unknown indentation, because I do not have Russian citizenship. Can this person make purchase and sale transactions of my brother’s real estate without my knowledge?
11.1. The power of attorney should state: without the right to alienate real estate.
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11.2. Good afternoon My colleague wrote everything correctly. In the power of attorney, write down: without the right to alienate property and without the right to receive funds in hand. With respect to you,
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12. The owner is a member of the HOA. A property trust management agreement has been concluded between me and the owner. According to the agreement, I have the right to perform any actual actions in relation to this property in the interests of the Owner. The question is whether I can request on my own behalf the documents specified in Art. 143.1 and Government Decree No. 731 from the HOA and therefore the HOA may refuse to familiarize me.
12.1. Can I, on my own behalf, request the documents specified in Art. 143.1 and Government Decree No. 731 from the HOA and therefore the HOA may refuse to familiarize me. -You don’t have such a right. And they will not provide you with documents. BUT you can go to court and the court will request the necessary documents for review.
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12.2. You can request - show the agreement, power of attorney (it’s better to have one) and request the necessary documents.
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13. In trust management of the property of a ward, who is the beneficiary and who is the founder of the management?
13.1. Hello Maria. In this situation, the founder of the management is most likely the ward, since he initiated the management of the property. These can also be the legal representatives of the ward, or in some situations the court. The beneficiary will be the founder of the management (probably the ward) or the person he designates. Thank you for your time, with respect, Alexander Vladimirovich.
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14. There was an individual entrepreneur who died, the wife takes over the inheritance, for half a year she entered into a property trust management agreement with an individual. a legal entity so that he continues to lease non-residential premises. Does this person need to open an individual entrepreneur or can he rent them out as an individual? face?
14.1. It is better to open an individual entrepreneur or conduct it through another legal entity. The tax office may assess additional taxes along with fines.
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15. Is a notarized power of attorney an agreement on trust management of property?
15.1. Good afternoon A notarized power of attorney is a contract of agency, but it is possible that the power of attorney contains instructions regarding the management of property. All the best.
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16. Is it possible to conclude a trust management agreement for the property of a 1/3 share of an apartment owned by an incapacitated person who is in the PNI,
16.1. Hello! To conclude such an agreement, the guardian’s consent is required, and it is better to have the agreement notarized.
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17. Question: is the Property Trust Management Agreement legal, which specifies the term of the agreement to be 5 years. Article 1016. Civil Code The essential terms of the property trust management agreement provide for a maximum of 5 years. And in this case, is it necessary to go to court to annul the contract? Thank you.
17.1. No, it is useless to go to court, this legal agreement is valid. Thank you for your contact to our site, good luck to you and all the best.
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18. My ex-husband’s mother died, and he is known to be absent. He and I have a child together. My husband has a relative, a sister, who will inherit. Can I obtain from the guardianship authorities a trust management agreement for the property of a missing person for a child and enter into an inheritance as a legal representative?
18.1. Hello. The inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not permitted by this Code or other laws . Personal non-property rights and other intangible benefits are not included in the inheritance. The heirs will accept the inheritance.
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19. The ward owns two apartments, but she actually lives with her guardian (daughter). And relatives live in her apartments. They are registered in one of the apartments. Utilities are paid for independently. In this case, is it necessary to conclude a property trust management agreement with them?
19.1. In this case, is it necessary to conclude a property trust management agreement with them? The lease agreement is concluded in such a situation.
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20. It is possible to consider a social tenancy agreement for an apartment as a property trust agreement.
20.1. No you can not. Your theory is not correct.
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Under a property trust agreement, do I have the right to create a rental agreement on my own behalf?
My aunt died, the owner of the apartment was her daughter, about whom nothing has been known for many years.
My son is the temporary guardian of his incapacitated father, who will soon be placed in a boarding school.
I wanted to issue a power of attorney for the trust management of the property of my missing brother (recognized by the court)
Is it necessary to register a property trust management agreement concluded for 11 months?
Which guardianship body should be the founder of trust management of the property of an incapacitated person - the one
Is the agreement of trust management of the property of an incapacitated person preserved?
I.P. died On behalf of the heirs, an agreement on trust management of property and bank accounts is required before entering into an inheritance.
Essential terms of the trust management agreement
The property trust management agreement must indicate[1]:
- composition of property transferred to trust management;
- the name of the legal entity or the name of the citizen in whose interests the property is managed (the founder of the management or the beneficiary);
- the amount and form of remuneration to the manager, if the payment of remuneration is provided for in the contract;
- contract time.
A property trust management agreement is concluded for a period not exceeding five years. For certain types of property transferred to trust management, the law may establish other deadlines for which an agreement can be concluded.
In the absence of an application from one of the parties to terminate the contract at the end of its validity period, it is considered extended for the same period and on the same conditions as provided for in the contract
Who can be a trustee
Who can and cannot be a trustee (hereinafter referred to as the trustee) is defined in Art. 1015 of the Civil Code of the Russian Federation:
- An individual entrepreneur or legal entity engaged in trust management of property on the basis of a civil law agreement.
- Citizen. In cases determined by law, he manages:
- property of the ward (Article 38 of the Civil Code of the Russian Federation);
- inheritance (executed by the executor, in accordance with Article 1173 of the Civil Code of the Russian Federation);
- belongings of a person recognized as missing, in accordance with paragraph 1 of Art. 43 Civil Code of the Russian Federation, etc.
Such a manager is appointed by the guardianship authority, and he conducts his activities free of charge.
Important! Unitary enterprises and state bodies cannot be DUs.
You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.
Powers and responsibilities of the parties
The trustee makes transactions with property transferred into 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 documentation, the other party is informed about their performance by the trustee in this capacity, and in written documents after the name of the trustee the note “D.U.” is made. (Article 1012 of the Civil Code of the Russian Federation[1]). In the absence of an indication of the trustee's action in this capacity, the trustee is obligated to third parties personally and is liable to them only with the property belonging to him.
The trustee is liable to the beneficiary in the amount of lost profits, and to the founder of the management - in the full amount of losses caused. The presence of a causal connection of losses with force majeure circumstances or the actions of the beneficiary or founder of the management releases the trustee from liability. The burden of proving the existence of such grounds for exoneration lies with the trustee. The risk of the trustee exceeding his powers in transactions with persons who did not know and should not have known about the fact of exceeding his powers is borne by the founder of the management, who has the right to demand compensation from the trustee for losses caused. The trustee has the right to remuneration only if this is specifically provided for in the contract, and to reimbursement of necessary expenses - regardless of the presence of such a condition in the contract. However, the amount of both remuneration and reimbursement of necessary expenses is limited by the amount of income received from the use of property (Article 1023 of the Civil Code of the Russian Federation)[1].
