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Inspired by the trust system under English law, the French fiducie is a tailor-made legal tool that provides a high level of legal comfort to lenders by ring-fencing secured assets through the transfer of assets to a dedicated estate.
Established in law no. 2007-211 of 19 February 2007, a fiducie is created by an agreement under which one or more settlors transfer assets or rights to the separate estate of a bankruptcy remote entity (the "Fiducie Estate"). The Fiducie Estate is managed and administered by a fiduciaire, an independent third party, in the interests of the beneficiary or beneficiaries, subject to and in accordance with the provisions of the Fiducie Agreement.
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