What is the subject of deposit
We immediately draw your attention that the escrow object is both money and traditional things, however, movable. That is, real estate is excluded from this list as such, but it is recorded in the contract as a sum of money that must be paid for the full or partial rights to it.
As a standard, all movables (including cash, certificated securities, and documents) are included in the list of deposit objects; non-cash funds, as well as non-certificated securities; partial or full rights to real estate.
In relation to different types of movable things, a different legal regime has been established. As for the things transferred to the deposit, the depositor is their owner until the date of their transfer to the beneficiary, and after the grounds for transfer have arisen, the deposited items with all property rights are transferred to the beneficiary. The escrow agent is not the owner at any stage, but is responsible for the safety of the deposited items.
It turns out a curious confusion where the rules on the property trust management agreement and the storage agreement can be seen. But since the object of escrow are both non-cash money and non-certificated securities, this is not a storage agreement, but a special kind of agreement.
Hence, special attention to the mode of depositing this type of property. If the escrow agent is a bank, this scheme is simplified. But if the escrow agent is not? In this case, the escrow agent has a nominal account on which non-cash funds or certain rights are placed. And in this construction, the beneficiary of the funds is the depositor until the date provided for by the escrow agreement, after which, if there is a reason for the transfer of property, it is transferred to the proper beneficiary. The agreement is considered executed.
There are collisions when the agreement does not specify a date, but it is the event that is the basis for the transfer of values that is stipulated. In this case, the role of the escrow agent is difficult to diminish, since it is on his shoulders that the burden of checking the fact of the specified event is borne. It is up to him to decide whether the beneficiary will receive money from the nominal account or exercise the rights relating to it.
So, once again you can make sure that the decisions of an escrow agent determine the financial and legal relations between the depositor and the beneficiary; therefore, the correct choice of such a key person is very important.
The trust provides me with participation and control
Before learning about the Club opportunities for vacation, I faced an offer to buy a flat in the UAE. I liked the idea, cost and location of the proposed property. I became the full owner of a two-room apartment. Even when I was in the process of purchase of the apartment, I was immediately offered the option of transferring the purchased flat to the trust management of a special company, which for the agreed interest assumed the responsibility for renting my flat for the periods when we did not plan to be in Dubai. Everything seemed logical and economically feasible. High cost of rental housing in Dubai promised a pleasant benefit. However, it turned out that there was a small nuance, the importance of which I realized immediately when I received the first estimate for utility bills for the flat. Emirates is an amazing country with its pace of development and high standard of living, but it also has high utility bills for non-residents. This country has experienced a boom in the purchase of real estate by foreigners, but many caught it on this "hook" with utility costs, information on which was not provided to me in full when buying a flat. As a result, the amount of profit was several times less than expected and the return on investment lasted for 25 years. But, on the other hand, it is this experience that allowed me to appreciate the offer made to me by Alliance Family Club. Along with the cost that paid off in just a few years of our family travels with the Club, I liked how clearly information about the management fee was provided. Having become the owner of the preferred share of "Global Actual Services", I was also able to participate and control club expenses for the maintenance of apartments. Now I understand and realize the economic validity of such set of dimensions of managerial contributions. I can enjoy my holidays indefinitely in different parts of the world, paying utility bills only for the time that I use.
Vladimir Kucheryayev (Russia) tells of his impression as a shareholder of the Club
A preferential shareholder of the club Alliance