Upon conclusion of the contract, the parties deposit the assets or documents covered by the transaction and their cash equivalent with the fiduciary company that acts and becomes custodian/owner of the assets between the contractors, as well as the exclusive director of the trust company. At the end of this contract, the parties deposit with the third party the assets or document submitted to the transaction or the cash equivalent of the transaction. The Escrow Agreement contract is of Anglo-Saxon origin and serves as a guarantee. In particular, when used, one or more assets, subject to an underlying main relationship between two or more subjects, are deposited as collateral with an independent third party of the parties. As a result, the goods are kept until a condition arises, namely that the people are their property. This is where the agent who can play the role of custodian of the property comes in: he will carry out this task according to the agreed rules and will only carry out if he has found that the conditions set by the treaty are met. From a legal point of view, the trust agreement can be considered an atypical trilateral contract and may be linked to an underlying principal contract, although autonomous and independent, for which it currently performs a guarantee function. The required form is written, with the necessary acceptance of the custodian and is usually done by exchange of letters. Therefore, the custodian is an independent entity compared to the other parties involved in the transaction (depositor/third beneficiary), even if it is bound to them by a binding relationship, the trust agreement. It is precisely for this reason that one can play the role of custodian of the subjects, ensure impartiality, third party and independence from the parties, and therefore, as is the case in practice, trust companies that provide professional service not only at the level of trust agents, but also with respect to anti-money laundering and the management of fiduciary or current accounts managed by the trustee on the basis of what is agreed in the agreement. Parties may use the trust when they intend to deposit money through a trust account, documents, formulas or source codes, shares and objects of furniture as works of art, as part of the guarantee, to a third party who, legitimized by the warning of at least one specific condition (express termination clause), must give what has been perceived as a guarantee to a person previously designated as a beneficiary.
What is and how the trust agreement and the role of agent Any transaction requires a dedicated current account representing a separate and distinct assets in relation to the personal assets of the notary and, as such, unassailable: the sums paid and the credit related to the payment of the sums at the aversion of the contract-derived condition are both predictable.