The basic idea
A fideicomiso is a contract in which a person transfers assets — money, land, a building, shares — to an authorized institution so that it administers them for a specific purpose. While the trust exists, the assets are separated from the personal estate of whoever contributed them. That separation is what gives the trust its strength.
The three parties
Every fideicomiso has three roles, and understanding them makes everything else simple:
- Settlor (fideicomitente): the person who contributes the assets to the trust.
- Trustee (fiduciario): a bank or authorized financial institution that holds title and must follow the trust's instructions. It does not act on its own interest.
- Beneficiary (fideicomisario): the person who receives the benefits — the use of a property, the proceeds of a sale, or the payment of a debt.
Bank trusts for foreign buyers
In the coastal and border "restricted zone", foreigners acquire residential property through a bank trust. The seller transfers the property to the bank, and the foreign buyer is named beneficiary with full rights to live in it, rent it, improve it, sell it or leave it to heirs. The term is up to 50 years and can be renewed. It is not a lease: economically, the property is yours.
Guarantee trusts for investors and lenders
A guarantee trust (fideicomiso de garantía) is used to secure an obligation. A developer who receives financing places land or units into a trust; the lender or investor is named beneficiary in first place. If the debtor complies, the assets return to them. If not, the trustee can execute the procedure agreed in the contract — for example, selling the assets — to pay the beneficiary, generally without the long timelines of a traditional mortgage foreclosure.
This is the logic behind Dahan Capital's Trust-Escrowed guarantees. The collateral is legally separated, administered by an independent trustee and subject to written rules that no single party can change.
Why it matters for your capital
- Separation: the assets do not form part of the debtor's estate while the trust is in force.
- Independence: a regulated trustee — not the debtor — controls the assets.
- Speed: execution follows the procedure agreed in the contract.
- Transparency: every movement is documented and the rules are defined from the start.
Costs and practical aspects
Setting up a trust involves a notary, the trustee's opening fee and an annual administration fee, plus registry costs. These costs vary by institution and by the value of the assets. In investment operations structured by Dahan Capital, the trust is part of the operation's design and its terms are explained before signing.
