¿Qué es el certificado fiduciario? Derecho en Guatemala
AN certificate It is a document that serves to validate important information or to rename something, but of all that exists, it will only explain what fiduciary certificateEverything related to this document can be found here
O fiduciary certificate is a credit security that must be done thanks to trust, everything to fulfill Guatemala Commercial Code Article 609
Another thing that you can know about this document is that it is always incorporated into the literal and anonymous rights of commercial goods, which are transferred independently.
Fiduciary is the transfer of an asset to a person, who for a time will be entitled to it, under certain conditions.
O fiduciary certificate It also explains the rights you have in trusts, which are based on title deeds to real estate.
What is the purpose of issuing this certificate?
The purpose of issuing this type of document is to keep the credits on paper, which are constituted related to the property or property, so that in this way everything that relates to the temporary transmission of goods and properties is in writing, thus legal issues.
Who should do this?
Those who remain must complete this type of document are those who will do real estate transactions independently, without the need for the participation of another person or company in the purchase of the merchandise.
The document to make it legal must be issued by authorities that allow trust activities generated trust, which are the fiduciary banks in these procedures.
Why fiduciary certificate is that people have to have something that validates independent activities, which are carried out when it comes to property and real estate. Thus, there is already support for these fiduciary movements, which is usually the temporary transfer of assets to other people.
The requirements to be able to obtain the fiduciary certificate are as follows:
- That the properties are lawful.
- Products or goods cannot be fake.
- Property invoice.
- The main one is the title deed.
The format displayed by fiduciary certificate the following information can be observed:
- The data contained in the constitution of the trust and the creation of the certificate itself.
- The product description belonging to the trust.
- The rights that the document holder has, indicating how to exercise it.
- Signature of the trustee and the administrative authority involved in the preparation.
- Payment endorsement is also required.
Steps to follow
The steps to be able to process the fiduciary certificate are as follows:
- Go to any bank branch to request the certificate.
- Please indicate the reason for your visit to the bank branch.
- Follow the instructions of the bank branch staff.
- Wait for bank agents to inform you when the certificate will be delivered.
The benefits that are acquired by having a fiduciary certificate are as follows:
- Proportional right on related products of fiduciary assets.
- Being able to enjoy the goods that have been transferred proportionally, you can also set a price for them if you want to sell them.
- Finally, you are entitled to ownership according to how you own it.
Types of trusted certificates
There are several certificates which will be explained below, that way you know what certificate which must be processed according to the condition of the property:
Nominal fiduciary certificate
This kind of certificate it is up to the name to appear both in the registration of the creator and in the title of property.
People who process this type of document must keep a record of who owns it. With this type of certificate, the name of the holders can be changed if necessary, for them the endorsement, title and registration of the change is necessary.
Operator trust certificate
This type of document is not for the benefit of anyone, it is just a certificate with which you can do simple procedures and can go from hand to hand. In short, it is a certificate that any authorized person can have and have the rights that this document grants.
The holder of this document has the same rights as if he were the original holder, which guarantees the same certificate. With this type of certificate, the bank, as the fiduciary, has control and registration of the owners of the assets that support this type of document.
Common fiduciary certificate
They are normal because only information about the collateralized asset and the date of issue of the document are presented.
Real Estate Trust Certificate
This kind of certificate It is more specific of everything, where it is generated, of course the type of asset that is being supported, the institution that issues it, the benefits and rights that the holder has, the scope and modalities that this type of document can cover at the time of its constitution.
It is one of the fiduciary documents in which your fiduciary certificate.
This is certificate Specifies that the holder is entitled to the fruits or returns granted by the fiduciary assets, at the same time is entitled to a refund of the nominal value of the securities.
With this type of document, a period for the enjoyment of the rights that it can provide can be established., which can be partial or unlimited for the carrier. In addition, this document can be awarded by drawing lots.
The document does not permit the obligation to reimburse the nominal value of the property, nor does it require a stipulated deadline in case payment is made.
East certificate allows you to clearly see everything that can be done with the trust certificate, something that cannot be observed with the other certificates.
Real estate market
It is the market that is based on the purchase and sale of land, houses, apartments and more properties that people use to live or work.
In this market there are several forms of payment, in addition to several documents that are necessary so that property owners can exercise their rights over them without any problem.
I already know that the fiduciary certificate Banks are based on buying and selling goods, which is not just writing a credit report that the bank edits for the benefit of customers. Of course, this can be applied to seizures of goods for non-payment.
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