Legal encyclopedia. Letter D

INVESTMENT MANAGEMENT BY PROPERTY

- civil law agreement, according to which one party (the founder of management) transfers the other party (trustee) to

A certain period of property in trust management, and the other party undertakes to manage this property in the interests of the founder of the management or the person specified by him (the beneficiary). The transfer of property to trust management does not entail the transfer of ownership rights to it, it separates from other assets as the founder of the management, and the trustee, for the calculations on it the legislator provided for the opening of a separate bank account.

The DU contract is real, it can be either gratuitous or paid, is considered to be concluded from the moment of transfer of property to the trustee in trust management.

The parties to the contract of DU are: the founder of the management - a person who transfers his property to trust for a certain period; Confidential

The manager is the person to whom the property was transferred to carry out the management (it can not be a state body or a local government body); The beneficiary, in which, as a rule, the founder of management acts, but he may be the person indicated by him.

The founder of trust management can be both a citizen and a legal entity. At the same time, the owner of the property must be the founder of the management. In turn, property managers can be exclusively individual

Entrepreneur or legal entity.

The trustee, carrying out the trust management of the property, has the right to perform any legal and actual actions in respect of this property in accordance with the trust management agreement in the interests of the beneficiary.

Essential conditions of the DU contract are:

1) the composition of property transferred to DU I .;

2) the name of the legal entity;

3) the name of the citizen, in whose interests DUI is performing (the founder or beneficiary);

4) the term of the contract DU I .;

5) the timing and procedure for the submission of the report of the manager;

6) the amount and form of remuneration of the contract;

7) other conditions expressly provided for by law.

The subject of the contract DUI is the commission by the manager of any legal and actual actions in the interests of the beneficiary, namely the transfer of property to the trustee for trust for a certain period. The concept of the object of trust management includes: enterprises and other property complexes; Separate objects relating to real estate; securities; Rights certified by non-documentary securities, exclusive rights and other property.

The DU contract is urgent and is concluded for a period not exceeding 5 years. For certain types of property transferred to DU. I., other

The deadlines for which a contract can be concluded.

The main duty of the trustee is the proper

The trust management of the property entrusted to him during the entire term of the contract, he is not entitled to unilaterally renounce the contract.

The Trustee shall:

1) to ensure a high professional level of management of the property entrusted to him;

2) to show care, care and discretion with regard to the property entrusted to him;

3) protect the rights to property in his trust management.

The basic right of the trustee is the right to remuneration provided for by the trust management agreement and to reimbursement of additional expenses incurred by him under DUI.

There is a non-commercial variety of DUI, when it is established on the grounds expressly provided by law (for example, DU I. Trust).