NEST LEGAL | law firm

Services / Trust funds

At NEST LEGAL s.r.o., we offer comprehensive services for the establishment, management, and protection of trust funds, both for private and public benefit purposes.

A trust fund is a modern and highly effective legal tool for protecting, managing, and planning assets. It allows assets to be separated from the founder, managed according to their wishes, and protected from legal risks, external interference, or undesirable influences.

Trust fund services

Establishing a turnkey trust fund
- preparation of complete founding documentation
- drafting and drafting of trust fund statutes according to the individual needs of the client
- registration of the fund in the Register of Trust Funds
- setting up the structure for asset management and protection
Setting up the roles of administrator, beneficiary, and protector
- legal assistance in selecting individuals and establishing mutual rights and obligations
- minimizing risks associated with concurrent roles (founder = administrator = beneficiary)
Register of beneficial owners
- advice on registering beneficial owners in accordance with Act No. 37/2021 Coll.
Provision of trust fund management
- legal advice on day-to-day asset management
- assistance with acquiring assets for the fund (purchase, inheritance, adverse possession, etc.)
- establishment of companies controlled by the fund
Tax and accounting aspects of fund management
- setting up the fund's tax obligations as a corporate income tax payer
Opening a trust fund bank account
- assistance with negotiations with banks and setting up an account in the Czech Republic or abroad

What is a trust fund?

A trust fund is a set of assets separated from the founder's estate, which has no legal personality but is managed by a trustee. The fund may be created for the purpose of managing assets for certain beneficiaries (e.g., family members) or to achieve a specific purpose.

The legal regulation is contained in Sections 1448–1474 of the Civil Code and allows for the establishment of both private and public benefit trust funds.

Who is a trust fund suitable for?

Families seeking to protect family assets, planning intergenerational transfer.
Business owners protecting businesses from risks and streamlining ownership structures.
Investors using trust funds to hold investment assets.
Philanthropists establishing public benefit trust funds.

Advantages of a trust fund

Assets protection from creditors, divorce, foreclosure, or unruly heirs.
Maintaining confidentiality – funds offer a high degree of privacy.
Flexible management – the founder sets the conditions for the management and use of the property.
Intergenerational continuity– the possibility of smooth transfer of assets within the family.
Tax benefits– the tax burden can be optimized with the right settings.

Jak založit svěřenský fond krok za krokem

Modelové příklady využití svěřenského fondu

Výhody svěřenského fondu pro podnikatele

Často kladené otázky o svěřenských fondech

Why choose NEST LEGAL?

A specialized team with extensive experienceWe have long focused on trust funds. We prepare not only founding documents, but also comprehensive asset management strategies.
Operating throughout the Czech Republic and with international experienceWe represent clients throughout the Czech Republic and in cross-border structures.
Comprehensive legal supportWe ensure that fund management is linked to corporate, tax, family, and real estate aspects.
Individual and discreet approachWe tailor each fund to the goals and needs of its founder.

Do you want to protect your property effectively?

Do not hesitate to contact us to find out more about the possibilities of trust funds.

Civil law

Commercial law

Public procurement

Step-by-step procedure

Consultation and fund structure design
- Analysis of your goals (family protection, investment management, charitable causes, etc.)
- Proposal for optimal role settings (founder, administrator, beneficiary, protector)
Preparation of founding documents
- Fund statute: a key document setting out the rules for the management and use of assets
- Founding legal act and proposal for entry in the register of funds
Asset allocation
- Transfer of real estate, financial resources, shares, etc. to the fund
Fund registration
- Entry in the Register of Trust Funds maintained by the Ministry of Justice
Setting up a bank account and fund management
- Account setup, tax registration of the fund
Ongoing legal support
- Fund management, amendments to the statutes, resolution of legal issues during the fund's existence

Main advantages

Protection against business risks
- By separating key assets into a fund, you can protect them from future business risks.
Long-term continuity
- The fund's assets can be managed independently of changes in the company (departure of partners, generational change).
Maintaining control
- The founder can set up management rules so that they continue to have significant influence over the assets.
Discretion
- The fund is not a legal entity, and its structure is not publicly available (unlike, for example, commercial registers).
Strategic planning of company ownership
- A trust fund may own shares in companies, hold securities, or other business assets.

Model situations

Protection of family assets

The owner of extensive family assets wants to ensure that his descendants gain access to the assets gradually, depending on reaching a certain age and meeting certain criteria (e.g., completion of studies).
- Solution: Establishment of a trust fund with rules for payments to beneficiaries.
Protection of company shares

The entrepreneur owns a majority stake in the company and wants to prevent the risk of it being sold off after his death.
- Solution:Allocation of a share to a trust fund with clear rules for management and distribution of business income.
Public benefit fund

The donor wants to support talented students in the long term, but without having to set up their own foundation.
- Solution:Establishment of a public benefit trust fund, the proceeds of which will be used to finance scholarships.

Frequently asked questions about trust funds

What is a trust fund?

A trust fund is a set of assets set aside by the founder that has no legal personality. The assets are managed by a trustee according to the rules set out in the fund's statutes, for the benefit of the beneficiaries or for a specific purpose.
Who can establish a trust fund?

A trust fund may be established by any legal entity or natural person (with full legal capacity). The fund may be established during the founder's lifetime (inter vivos) or after his or her death (mortis causa) by means of a will.
Is a notarial deed required to establish a fund?

Yes, the founding legal act must be made in the form of a public document – a notarial deed. At NEST LEGAL, we will also take care of all communication with the notary.
How long does it take to set up a trust fund?

The entire process can usually be completed within 4–8 weeks, depending on the complexity of the required structure and the speed of registration in the Trust Fund Register. However, if all documents are ready, the trust fund will be established on the date of the notarial deed and will be entered in the Trust Fund Register on the following working day.
What assets can be placed in a trust fund?

Practically any asset can be placed in a trust fund – money, real estate, securities, shares in companies, works of art, movable property, etc.
Who manages the trust fund?

The trust fund is managed by a trustee appointed by the founder. The trustee acts in his own name but on behalf of the fund. He must act in accordance with the fund's statutes and in the interests of the beneficiaries.
Can the founder also be the administrator or beneficiary?

Yes, the law allows for concurrent roles. However, it is necessary to set up the structure correctly and ensure that the fund actually functions as a separate property entity.
How is the fund registered?

The fund must be registered in the Register of Trust Funds maintained by the Ministry of Justice. We will take care of the registration, including all the paperwork, for you.
What are the tax obligations of a trust fund?

A trust fund is subject to corporate income tax at a rate of 19%. It is also subject to standard tax obligations like any other entity.
Does the trust fund have a data box?

Yes, as of January 1, 2023, all trust funds are required by law to have a data box. The fund manager has access to it.
What is a public benefit trust fund?

This is a fund established to achieve public benefit objectives (e.g., education, culture, sports promotion). Its primary purpose must not be to generate profit.
Is a trust fund also suitable for intergenerational transfer of assets?

Yes, a trust fund is an ideal tool for planning intergenerational asset transfer and preserving the integrity of family assets across multiple generations.