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Bozza Escrow Agreement

But nothing prevents – and practice has several applications – from “hybridizing” the figure of the fiduciary agent in the structure of a trust agreement. in particular by transferring an amount to a trust company: in summary, the amount cannot be transferred directly to the trust company (holder or agent), but directly to the trust company (or, where appropriate, to the directors) of the trust company, and the trust fund (agent) has the task only of providing the trustee with the tasks that the Commission will undertake to perform only if and to the extent that they are delivered by the first. With a contractual structure of four people, a subjective separation is made between the owner of the assets and the person who must implement the objective of trust. This will make it possible to achieve the objective of a complete separation of the assets entrusted without recourse to the trust and to avoid that, in addition to the possible mismanagement of the agent during the holding, the holder of the trust can be considered, at least in appearance, as the holder of the assets having all the consequences on the discipline of the fight against money laundering and the fear of possible claims by third parties. Our legal order already provides for entities such as conventional confiscation, deposit in the interest of a third party, treaty in favour of the third party and, more often, the irrevocable mandate, which, with their differences and peculiarities, have effects equivalent to those of an Escrow agreement, but which are not always able to meet the requirement of the parties to the guarantee and security by not having this ductility. a well-structured Escrow agreement is suitable for otherwise unsyncultive situations.. . . .

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