Trusts & structured finance — BENSAID AVOCATS Geneva

Pillar 01 · Trusts & structured finance

Trusts and structured finance.

The firm structures and administers security trusts and management trusts supporting international bond issuances, structured real-estate financings and cross-border acquisitions. Coordination across Paris, Luxembourg and Geneva on a single transaction.

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The French fiducie (law of 19 February 2007, art. 2011 et seq. of the French Civil Code) separates an asset from the grantor's estate, places it under a regulated fiduciary and allocates the economic benefit to named beneficiaries. The firm deploys the security trust (fiducie-sûreté) and the management trust (fiducie-gestion) on behalf of issuers, institutional bondholders, sponsors and family offices. The Geneva office coordinates the tax and Swiss-law dimension whenever structuring involves Swiss entities, Swiss-resident beneficiaries or Geneva holding vehicles.

Our practice areas

Trusts and structured finance.

01

Security trust (fiducie-sûreté)

Structuring security trusts on shares, receivables, bank accounts and real-estate assets to secure bond issuances or bilateral financings. Drafting of trust agreements, security package, dedicated escrows, intercreditor arrangements.

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02

Management trust (fiducie-gestion)

Administration of management trusts to isolate cash flows, channel dividends, or orchestrate complex sale or estate operations. Used for art auctions and wealth architecture set-ups.

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03

Defaults and negotiated workouts

Representation of bondholders upon default: security enforcement, negotiation of amendments and standstills, orderly restructuring. Most matters resolved out of court, under confidentiality.

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04

Cross-border coordination

Bridging French, Luxembourg, Swiss, English and US laws on a single transaction. Coordinated drafting of intercreditor agreements, subordination mechanics, dedicated escrows.

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Why Geneva for a French-law trust

  • The firm is registered with both the Geneva Bar and the Paris Bar — direct representation in both jurisdictions without local-counsel referral.
  • Swiss participants (beneficiaries, sponsors, Swiss-resident bondholders) regularly require Swiss tax and civil coordination on top of the French-law trust itself.
  • Geneva is the European private-wealth platform: family offices, fund administrators, Swiss banks and fiduciaries are gathered on a few square kilometres.

Let us discuss your cross-border matter.

Our Geneva office welcomes you for an initial confidential meeting. Each matter receives a preliminary assessment, with direct partner involvement.

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Genève
Route des Jeunes 9, 1227
+41 22 355 03 44
Paris
49 rue de Courcelles, 75008
+33 1 42 27 78 52