Fiduciary and Structural subordination: Difference between pages

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1.  ''Law - noun.''
''Risk management''.


A fiduciary is a person who occupies a position of trust in relation to someone else and is required to act for the latter's benefit within the scope of that relationship.
A reduction in the effective ranking of the claim of a lender or other creditor resulting from a combination of:


Examples include trustees and company directors.  
#The ownership structure of the borrower, for example in a group of companies; and  
#Holding a claim against the 'wrong' legal entity.




2''Law - adjective.''
For example, the claims of the creditors of a holding company may become structurally subordinated to the claims of creditors of the subsidiary companies in the same group.   


Relating to a fiduciary, or arising from a position as a fiduciary.
This is because the claim of the holding company itself - as a shareholder of the subsidiary - is generally subordinated to the claims of the other creditors of the subsidiary.
 
 
This can be particularly problematic where the subsidiary is in a different country from the holding company, where local legal and other claims may effectively erode the position of the holding company's creditors.




== See also ==
== See also ==
* [[Fiduciary duty]]
* [[Subordination]]
* [[Fiduciary services]]
* [[Proxy]]
* [[Trustees]]


[[Category:Accounting,_tax_and_regulation]]
[[Category:Financial_risk_management]]
[[Category:Compliance_and_audit]]
[[Category:Ethics]]

Revision as of 19:31, 6 April 2015

Risk management.

A reduction in the effective ranking of the claim of a lender or other creditor resulting from a combination of:

  1. The ownership structure of the borrower, for example in a group of companies; and
  2. Holding a claim against the 'wrong' legal entity.


For example, the claims of the creditors of a holding company may become structurally subordinated to the claims of creditors of the subsidiary companies in the same group.

This is because the claim of the holding company itself - as a shareholder of the subsidiary - is generally subordinated to the claims of the other creditors of the subsidiary.


This can be particularly problematic where the subsidiary is in a different country from the holding company, where local legal and other claims may effectively erode the position of the holding company's creditors.


See also