The main reasons for appointing a trustee are: the protection of assets for inheritance and elusive purposes. In the trust, a relationship is established through which a person, or the trustee, manages an asset that has been transferred to him by another person.
Here is a facsimile of the attorney general requirement to establish a plenipotentiary trust relationship:
Mr. ________________________ born in ________________ Italian citizen with tax code_____________________ resident in ______________
The newly appointed Mr. (name) by means of this deed declares to appoint, as in effect he appoints and constitutes his own attorney general.
Mr. ________________________ born in ________________ Italian citizen with tax code_____________________ resident in ______________
so that in the name, stead and interest of the principal he has to carry out any act of ordinary and extraordinary administration and disposal relating to all assets, movable and immovable, currently owned property of it principal or which in the future will become of property of the same. For this purpose, the appointed attorney is granted all the broadest and most necessary powers, including, by way of example, those of:
– sell (even under suspensive or resolutive conditions, with a redemption or retention of title agreement), purchase and exchange movable and immovable assets, including registered movable assets, credits, rights, shares and bonds, values of entities and companies, including the accessory faculties, such as those of allowing deferrals in the payment of the price, with or without real guarantees or sureties, renouncing legal mortgages;
– promote redemption actions;
– establish and modify rights of usufruct, of use and habitation and renounce them; establish and extinguish surface rights;
– establish, modify and extinguish active and passive easements of any kind, real and precarious burdens;
– create and dissolve communions and condominiums, replace others in the enjoyment of common property;
– elect domiciles;
– accept with or without benefit of any inventory inheritance legitimate or testamentary and renounce it;
– accept and renounce bequests;
– challenge any will and any universal or particular provision;
– proceed with the assessment and division of the inheritance, request its termination;
– ask for a reduction of donations exceeding the available portion;
- accept donations also modal;
– carry out any action and propose any exception for illicit facts;
– contract any type of obligation;
– receive payment with subrogations in shares, liens and mortgages, make declarations of payment allocations; make and accept real offers and subsequent deposits of the thing due; make and accept payment delegations, expromissions and acceptances; make and accept novations; remit debts; recognize and make compensations and confusions;
– demand, by giving receipt, capital, interest, sums, values, money orders, vouchers, cheques, mandates, checks and any other faith or credit certificate from private individuals, banks, public administrations, post, telegraph or railway offices and by any natural or legal person; – collect parcels, letters, insured valuables, goods and any other object from post offices, railways or maritime or air transport offices or from any other office;
– withdraw bearer securities and names from private individuals, credit institutions and public administrations;
– carry out any operation at the offices of Public debt, of the Cassa Depositi e Prestiti, of the Provincial Treasuries, of the Customs and of the Finance Authorities;
– stipulate contracts for person to be appointed, make declarations of command; stipulate contracts in favor of third parties;
– have contracts declared null and void, request the annulment, rescission and termination; – giving and receiving carryover securities;
– stipulate estimator and supply contracts;
– grant and lead locations, subleases of houses and rustic land, sell the same;
– buy and sell, sell and bring in lease companies;
– stipulate contracts contract and subcontracting; participate in tenders and tenders; approve specifications, participate in tests;
– stipulate transport contracts;
– confer and accept special mandates, revoke or renounce them, request reports;
– stipulate commission, shipping and delivery contracts agency and mediation;
– stipulate storage contracts also in general warehouses; sign and transfer, including by endorsement, deposit slips and pledge notes;
– stipulate conventional seizures;
– give and take lending movable and immovable;
– stipulate active and passive mortgage contracts; take out mortgages from land credit institutions, agricultural credit institutions and any other institution;
– stipulate banking contracts for opening credit, advances and discounts; stipulate current account contracts; open bank and postal accounts, draw checks on them; ask for funding; make withdrawals from registered or restricted savings accounts;
– stipulate insurance contracts;
– contract antichresis;
– grant and accept credit mandates;
– make transactions and contest them;
– sell assets to creditors;
– make promises of payment, promises to the public;
– recognize debts;
– issue promissory notes, issue drafts and accept or reject them; endorse, endorse and collect bills of exchange; protest them; promote promissory note actions; draw or issue orders for foodstuffs; – ratify the actions of the business manager;
– stipulate work contracts; – appoint instigators;
– stipulate company contracts of any type, including participation in constitution of joint-stock companies and cooperatives and others associations intended for recognition;
– establish consortia between entrepreneurs and join them;
– giving and receiving things gage, constitute mortgages, provide for subrogations, postponements, reductions, restrictions of mortgages and allow their cancellation;
– promote expropriations and forced executions;
– cause declarations of bankruptcy, affirm the truth of credits and accept agreements or oppose them;
– represent the client in court, both as plaintiff and defendant, at every level and location of jurisdiction, including tax commissions and special administrative jurisdictions; appoint and dismiss lawyers, litigation attorneys and experts; proceed with the affixing or removal of seals and oppose them; proceed with inventories;
– carry out any tax practice, sign and present appeals, reports, claims, agreements and acceptances of assessments;
– compromise and compromise even friendly composers in arbitration;
– replace himself with other attorneys, with equal or more limited powers; revoke and replace them;
– collect sums of lawful origin from the principal and hold them in current accounts of the agent identified and opened only for this purpose, make payments from such accounts, or send them to the principal.
– generally carry out any other act of ordinary and extraordinary administration, always in the name and on behalf of the principal who promises from now on to have the actions of the appointed attorney as ratified and valid, without the need for further ratifications and under the obligations of law.
Expenses of this deed and consequent all to be borne by the principal.
(place), the
Read, accepted, confirmed and signed
In witness
(first name).
___________________________.
____________________________________________________
The above signatures are authentic
(have it authenticated by the neighborhood council, or municipality, notary)