In common law countries (like the U.S.), the wealth trust and the family trust are a legal institution that has been in place for over five centuries, unlike in Italy, where these instruments have been introduced only after the crisis. These tools replace the typical Italian legal system in place for successions and donations.

The wealth trust and family trust (literal translation “trust”; the conceptual translation would be “entrust” meaning giving custody of movable / immovable property) is an institution of the Anglo-Saxon common law legal system, which arose within the jurisdiction of equity and which serves to regulate a multiplicity of juridical relationships of a patrimonial nature (for the isolation and protection of assets, for controlled asset management and for matters relating to succession, pensions, and corporate and tax law).

Technically, the trust (wealth trust and family trust) is a legal relationship, by virtue of which the Trustor entrusts assets to another person, physical or legal (the Trustee), so that he/she/it uses them, according to the rules predetermined by the trustor in the Trust Act, in favor of one or more beneficiaries, or to achieve a certain purpose.

The Trustee cannot dispose or manage the goods entrusted to him differently from what is described in the Declaration of Trust.

The Trustor can appoint himself or another person as Guardian of the Trust; he has powers of control over the work of the Trustee, who is obliged to account for the activities undertaken. By establishing a trust, the Trustor not only transfers an asset to the Trustee and indicates to the Trustee how it should be used, but the Trustor also gets protection for that asset.

Lamura, Malizia, Rasile & Partners LLP – the wealth trust and the family trust in the U.S.A and in Italy:

Lamura, Malizia, Rasile & Partners assists its clients in cases where they want to protect their movable or immovable properties through a trust. Our international services include:

• Drafting and translation of the trust operational agreement;
• Drafting and translation of the trustor certification;
• Drafting and translation of the trustee certification;
• Drafting and translation of the beneficiary certification;
• Drafting and translation of the capital subscription acts;
• Drafting and translation of the declaration of trust;

The International Law Firm, with its lawyers in New York, Miami, Los Angeles, San Francisco and Rome, deals with various forms of trust: below are the two most important ones.

Property trust:

The protection offered by a trust attaches to future and uncertain events – of a personal or patrimonial nature – at the occurrence of which, an individual fears that some of his assets can be taken from him and diverted to other ends different from the ones he had envisioned.

Any trust offers asset protection, since the assets conferred to trusts are no longer property of the Trustor but are instead segregated in the estate of the Trustee: this consequence is even more evident in property trusts.

Commercial trust:

• Control of an industry group;
• Management of trade union agreements;
• Management of joint investment operations in a company;
• Provision of guarantees for creditors;
• Alienation of goods burdened by pledges;
• Collection of credits and their distribution.

The successions and donations department of the international law firm Lamura, Malizia, Rasile & Partners LLP assists clients with different backgrounds, economic resources, and objectives. We are proud of our custom-built real estate plans to meet clients’ needs, working closely with our international tax law department in order to provide the best possible tax planning. Furthermore, we explain the complexities of tax and fiscal laws, so that the client understands the property planning documents.

Some of our clients are billionaires, and we have the experience and creativity to make plans for any level of sophistication. Our lawyers in New York, Miami, Los Angeles, San Francisco and Rome prepare:

• Wills and life insurances;
• Health guidelines;
• Documents for the transfer of any real estate property and for any type of irrevocable trust (fiduciaries, school trusts, trusts for real estate properties and for qualified real estate properties, etc.).

The international law firm Lamura, Malizia, Rasile & Partners LLP brings a business perspective in the formulation, implementation, and application of the legal strategy aimed at defending the client’s intellectual property rights.

Our lawyers in New York, Miami, Los Angeles, San Francisco and Rome are equally specialized in Italian intellectual property law and in American intellectual property law – in its various circuits. The international law firm Lamura, Malizia, Rasile & Partners LLP is specialized in:

1. Drafting documents to defend intellectual property rights;
2. Drafting and requesting validation for copyright documentation, best known in Italy as the author’s right for writers, playwriters, song writers, etc.;
3. Developing strategies to protect and enhance the flow of revenue from patents and trademarks.

We develop global portfolios that optimize the client’s technological position in light of an in-depth analysis of the costs and benefits of the various strategic options.

The department of intellectual property and the study of copyrights:

The intellectual property department of the international law firm Lamura, Malizia, Rasile & Partners offers specific consultations within specialized areas such as copyright for writers, publishers, musicians, record labels, artists, directors, producers, and other professional figures in the entertainment industries. Individuals and companies belonging to this market face a unique mix of legal challenges that combine commercial problems, issues with copyrights and trademarks, and employment issues that are unique to the entertainment industry for its characteristics and its history.

Our lawyers in New York, Miami, Los Angeles, San Francisco and Rome are not only experts of the legal issues related to the entertainment industries, but they also do have experience with legal issues concerning musicians, producers, and authors. This makes our International Law Firm uniquely apt to provide significant representation to whoever needs assistance in this field of law. Below you find a list of some of the activities that we do in relation to the entertainment industries:

• Negotiations and drafting of agreements for the engagements of actors, directors, and producers;
• Registration contracts and publication contracts;
• Procedures for obtaining copyright on any work;
• Agreements for non-disclosure of sensitive material or results of work (non-disclosure agreements – NDAs).

Our lawyers in New York, Miami, Los Angeles, San Francisco and Rome are able to assist clients (individuals, small and medium-sized companies, multinational companies, and institutional investors) with various types of mergers and acquisitions (M&A), both at the national and international level. We specifically take care of:

• Acquisitions and sales of company shares;
• >Capital increases of Italian or American companies or of companies with Italian-American partners;
• Corporate mergers in Italy and the U.S.;
• Corporate demergers as well as other extraordinary operations, and corporate reorganizations.

The assistance that Lamura, Malizia, Rasile & Partners LLP offers to its clients includes:

• The formulation of letters of intent, expressions of interest, and offers to purchase company shares or entire companies;
• The organization of data rooms and the performance of legal and tax due diligence activities (including on corporate, contractual, regulatory, civil, labor, and tax law profiles) aimed at the execution of extraordinary operations;
• The financing of extraordinary operations and the maintenance of relations with banks;
• The conduct of negotiations;
• The drafting and negotiation of investment agreements, acquisition contracts, and ancillary agreements;
• Capital increase operations, mergers and demergers, as well as corporate reorganization operations;
• The drafting of deeds and documents relating to extraordinary operations.

Through our lawyers in New York, Miami, Los Angeles, San Francisco and Rome we are able to better assist our clients in multi-jurisdictional operations. We operate on behalf of Italian clients in the U.S. and of American entrepreneurs interested in mergers with and acquisitions of Italian companies.

The international law firm Lamura, Malizia, Rasile & Partners has been one of the first leading Italian-American law firms in the sector of acquisitions of small/-medium American companies by Italian companies.

Our office in Rome acts as an intermediary for everything in Italy that has to do with America, hence this makes our services even more efficient.

Also, our office in Rome offers to our Italian clients the convenience of getting assistance from an American law firm but in their country.