Frequently Asked
Questions

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Customized Trust Services
  • Our unique professional experience is the combination of knowledge and understanding of how the client’s structural business is conducted in the Kingdom of Cambodia. By doing so, we are able to customize our service through the regulation to meet with clients needs.
  • Our experience in private equity and asset regeneration opportunities in Southeast Asia, Japan, Korea, China and Australia, including in the areas of mining and resources, powerplant and technology and financial sector (banking and non banking service).
  • We would be able to tailor your needs within the scope of trust regulator given to the view that kind of adaptation and customization.
  • Another example of customized trust service would encompass within the area of non banking service such as any financial deal in related to loan, hypothec, mortgage and others forms of security mechanization.
Transaction Trust?
  • Trust regulation is likely to focus on the completion of the legitimated product and/or service, save for, if you are legally own the land with the latest status of the land title deed given by the Cambodian government. Or, if you are the true owner of particular movable property, we would be able to arrange such trust contract between Trustor and Trustee.
  • However, transaction trust is more than this. Save for, if it is a fund from the parent company to its subsidiary or branch company in Cambodia, we would be able to engage such service in related to insurance coverage or national social security fund for its subsidiary or branch.
  • Transaction trust could be more about the escrow service (acting as escrow agent) or Intermediary Agency (save for in the level of profession like Notary Public Officer) for the particular business deal such as Initial Public Offerings (IPOs), Reverse Takeovers (RTOs), cross border Mergers & Acquisitions (M&As), or in the deal of acquisition immoveable property in Cambodia.
Project Management Trust

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Project Management Trust (01)
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Project Management Trust (02)
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Fund Management Trust
  • The concept of Fund Management Trust shall share the similarity with the Transaction Trust in the view that the completion of the legitimated product and/or service of the client, either during the transition or per each transaction of particular service could be customized for trust service between the Fund Owner and AGV.
  • However, the Fund Management could be in the long term project and/or meeting with a particular needs from the Fund Owner, especially we could be foreseeable more in the financial market, IPO sector, stock market, bond market, currency market and/or long term fixed deposit at a particular registered bank.
  • AGV’s fund management police and operation manual are in line with the Cambodian Ministry of Economics and Finance, Securities and Exchange Regulatory Commission, AML and/or ATF.
  • AGV is also committed to be a long term partner with many banks in Cambodia such as BIC, UCB Bank, First Commercial Bank, Mega International Commercial Bank, Bred Bank, Taiwan Cooperative Bank, Cathay United bank, ABA Bank, Panda Commercial Bank etc.
Land / House Trust (01)
  • An unique trust service that assists client in holding the immoveable property under Cambodian law and provide the management over that said assets, is Land / House Trust Service.
  • With the fundamental regulation under Cambodian laws, foreign investor can enter into sale purchase land to acquire the Land/House in Cambodia, however, foreign investor can not hold in name in the land title deed (except the rule of condominium law that allowed foreigner to own the title deed of the building up to 70% of the total ownership in the building except the group floor).
  • With these experiences in property law, there are more than one way to hold the Land/House in Cambodia in comparison with this new trust regulation below:
Land / House Trust (02)
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Land / House Trust (03)
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Land / House Trust (04)
  • Setting up a land holding company is allowed but minority controlling documents for the 51% in the company is just a contractual arrangement and security protection. In fact the nominee itself is always controversial (particularly for the selective of nominee process).
  • Trust Company to hold the land is a new passage of regulation and the register at the Trust Regulation.
  • There are many varieties between the immoveable property under Trust Company and/or directly under the land holding company in term of use and continuation mechanization itself.
  • Save for, in term of Trust Regulation, it is not clear that the Trust Company can be a authorized representative to sale, distribute, sub-divide the land, or to become a developer of that particular land trust arrangement. In fact, the Trust Company has no authority to apply for real estate developer as sub-divide the land for sale or development.
Land / House Trust (05)
  • In term of Trust Regulation, the provision of beneficiary is applicable under the Trust Service Contracts, however, it is not yet tested for the beneficiary enforcement and/or there will a possibility of civil proceeding at the Cambodian court when it comes to enforcement the provisional execution of beneficiary. If so, the initial step of signing the Trust Service Contracts shall come alone way with the provisional execution on the Will itself. This is because the will under Cambodian law is notarized by the notary public officer and therefore, it could enforce at the land officer for the immoveable transfer.
  • For the land holding company, of course, the structure is more flexible mechanization in term of land development, sub-division for sale etc. There are many varieties way of property transfer, from one land ownership to another new ownership and/or the direct share transfer in the land holding company from the current shareholder (Seller) to the new shareholder (Buyer). The enforcement the provisional execution of beneficiary is always priority under Cambodian Commercial law. However, the early arrangement of the share transfer or property transfer under the provision of notary public officer could be more helpful for the new coming beneficiary.

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    Copyright 2023 by Avatar Global Ventures. All rights reserved.

    Copyright 2023 by Avatar Global Ventures. All rights reserved.

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