The main goal of Comitalia – Compagnia Fiduciaria S.r.l. is to guarantee maximum confidentiality to those who want to carry out activities or hold properties without "being visible" to third parties, but still being, to all intents and purposes, the owners of the property or asset, in compliance with the legislation regulating and controlling the activities of trust companies (particularly, law No. 1966 of 23rd November 1939, and ministerial order of 16th January 1995 and subsequent amendments and integrations).
The first contact between the trust company and the client takes place exclusively through direct acquaintance or through a client's trustworthy professional.
We carefully select our clients, acquiring information about each subject, verifying their trustworthiness and refusing to provide our services to those who are not eligible.
In our activity, any collaboration that is not based on mutual trust cannot exist.
The trustee mandate includes:
- The separation between the property, that belongs to the client, and the title of "nominee" or "owner" that is taken up by Comitalia – Compagnia Fiduciaria S.r.l.;
- The obligation, on part of Comitalia – Compagnia Fiduciaria S.r.l., to act exclusively on the basis of specific instructions provided by the client;
- The obligation to present a financial statement to the client;
- The right of the client to be given back the asset registered in the name of Comitalia – Compagnia Fiduciaria S.r.l. through trustee mandate at any time
Comitalia – Compagnia Fiduciaria S.r.l. takes part in the management of properties and assets in case of buyout, conveyance, and hereditary succession, collaborating with legal experts, civil law experts, and tax experts.
Comitalia – Compagnia Fiduciaria S.r.l. acts as a professional and independent guarantor in all cases in which a series of activities cannot be managed by one of the contracting parties, thus requiring the intervention of a third party to guarantee the success of said activities. Particularly, Comitalia – Compagnia Fiduciaria S.r.l. offers its clients the possibility to perform the following actions:
Registration of company shares and/or stocks or funds
With this operation, the client, through a trustee mandate, registers company shares and/or stocks in the name of Comitalia – Compagnia Fiduciaria S.r.l.; the registration is effective both at the moment of establishment and subsequently. The ownership still belongs to the client, whether they are a natural person or corporate body. When a third party is involved, the trust company figures as a shareholder registered in the shareholders book and in the register of companies, and acts on the basis of specific instructions provided by the beneficiary (i.e. precise indications on voting during the meetings of investee companies; requesting the granting of a proxy for trustworthy people in order to take part in meetings with critical items on the agenda).
This operation guarantees anonymity (according to civil law) of the client and helps solve a number of commercial, credit or hereditary problems, such as avoiding to reveal one's own stake to third parties, buying a majority share parcel or a substantial share parcel, taking out of bonds, and setting up a holding company.
The trust deed can be registered in the name of several beneficiaries.
The trust deed can be transferred in compliance with the statutory limitations of the right of pre-emption.
In case there is a shareholders' agreement, Comitalia – Compagnia Fiduciaria S.r.l. guarantees joint and several representations and warranties as nominee of the auctioned shares, even though through a plurality of mandates.
Buyout or assignment of companies, of substantial or majority share and/or stock parcels
In this case, the client entrusts Comitalia – Compagnia Fiduciaria S.r.l., through the trustee mandate, with the management of the necessary negotiations for the purchase or assignment of a company or a substantial or majority share parcel.
This operation can be advantageous as it allows avoiding penalising factors in the negotiation that might depend on the identity of the buyer, as in the case of the acquisition of competing or synergetic companies.
Registration of personal properties
In this type of operation, the client registers their personal property in the name of Comitalia – Compagnia Fiduciaria S.r.l. through trustee mandate. Comitalia – Compagnia Fiduciaria S.r.l. entrusts an intermediary, chosen in accordance with the beneficiary's instructions, with the management of the property.
As this type of mandate safeguards anonymity, it is useful when a beneficiary wants to separate their personal property from family properties of from assets deriving from their professional activities.
Generational transition
Passing down a business from a generation to the next can be a critical and complex occurrence.
A trust company can help businessmen make the best decisions for the future of their company. Through the trustee mandate, Comitalia – Compagnia Fiduciaria S.r.l. becomes the nominee of the family business shares, that are subsequently transferred to the appointed heirs, on the basis of adequate and precise instructions on part of the beneficiary, in order to enable a gradual transition of titles and powers from one generation to the next, without any interference in the activities of the company.
Registration of life insurance policies
In order to allow an effective dispossession of a property, Comitalia – Compagnia Fiduciaria S.r.l. can be the contractor or beneficiary of a life insurance policy, that cannot be legally distrained or sequestrated, on behalf of a third party, covered by a trustee mandate.