Unit Trusts Definition
Since we wanted to make special emphasis on trusts used for investment purposes, we have decided to dedicate it a single chapter to different forms of investment vehicle and its analogue figures in the Spanish Civil code, and also France for this case.
Due to the flexibility that trusts are able to provide, they have been a key instrument for financial entities and investors, not only in the investment itself but also a security of form of guarantee. The use of trusts in the financial world is massive, thus, the countries that don't recognize the figure, or at least adapt to it, are in a disadvantage position in the financial market when receiving investors.
Although there many form of investments with trusts; Employee pension trusts, real estate trusts…we will focus in the most common use for trust for investment purposes. collective investment trusts.
The most common trusts for collective investment purposes are called Unit trusts, mutual fund trusts in the U.S, and investment trusts. Before entering into the definition of each of them we must make a
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The trust manager may not issue new shares of the fund as in unit trusts. These trusts fund are listed in the stock market and anyone may buy or sell the shares of the trust fund within the market, very much like any other company listed in the stock exchange. In these type of trusts, the manager, with the trust fund, administrates and invests the pool, obtained from the sell of the limited shares, mainly in buying stock from wide companies in order to increase the value of the shares of the trust fund and generate benefits. Another important difference that investment trust have from unit trusts is the borrowing power the first have in order to take advantage of investment opportunities. This characteristic may increase the return of the beneficiaries if the investment is successful but if not it may increase the
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