“Peter’s Pills” è la rubrica online di Legal English curata da Federnotizie, in collaborazione con Confprofessioni e Beprof.
Probabilmente conosci già i ruoli di disponenti, fiduciari e beneficiari in un trust, ma sai quale funzione svolgono i vigilanti e i guardiani? Scoprilo con Peter!
La video-lezione è disponibile anche su Federnotizie e sull’app Beprof, scaricabile gratuitamente da App Store e Google Play.
Transcript:
Hello!
You probably already know what roles Settlors[1], Trustees[2] and Beneficiaries[3] have in a trust, but do you know what roles Protectors[4] and Enforcers[5] play in a trust?
Protectors and enforcers have important jobs to help make sure[6] the trust works as the settlor wants and that the beneficiaries are treated fairly[7]. Although both supervise trustees, their roles are different.
A protector is chosen by the settlor in the trust deed. Their powers can include approving trustee decisions, adding or removing trustees, or agreeing to changes in the trust rules. The protector’s role is to watch over[8] the trustees and make sure they follow the settlor’s instructions. However, protectors must act honestly and for the good of the beneficiaries—they cannot control the trust like a trustee.
An enforcer, on the other hand, is a special role created when the trust does not have specific people or groups who directly benefit from the trust. Their job is to make sure the trustees carry out the trust’s specific purpose correctly. For example, if a trust is set up to hold shares in a company or to carry out a particular non-charitable objective[9] , there may be no beneficiaries who can legally force the trustees to act. In this case, the enforcer monitors the trustees and ensures they use the trust assets only for the intended purpose. If the trustees fail to do this, the enforcer can take action to require them to comply[10], including going to court if necessary. The enforcer must act independently, cannot be a trustee, and usually has limited rights to trust documents unless the trust deed says otherwise[11]. This role adds an important layer of oversight[12] and security for trusts without beneficiaries, helping to protect the settlor’s original intentions.
Thank you very much and see you next time for more Peter’s Pills to improve your Legal English!
Note
[1] Settlor – disponente
[2] Trustee –fiduciario
[3] Beneficiary – beneficiario
[4] Protector – “vigilante”
[5] Enforcer – “guardiano”
[6] help make sure – aiutare a garantire
[7] treated fairly – trattati in modo equo
[8] watch over – vigilare
[9] non-charitable objective – finalità non benefica
[10] to comply – per far rispettare l’adempimento
[11] otherwise – diversamente
[12] oversight – controllo; sorveglianza
