Libro III · Título Primero Capítulo XV. De los certificados fiduciarios
Article 609 Trust certificates
Trust certificates may only be issued as a consequence of trusts established for that purpose.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 610 Procedure
The procedure established by law for the issuance of bank bonds must be followed for the creation of trust certificates.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 611 Rights
Trust certificates shall have the character of negotiable instruments and shall confer on their holders one or some of the following rights:
1º.To a proportionate share of the proceeds of the trust property.
2º.To a proportionate share of the right of ownership over said property, or over the price obtained in the sale thereof.
3º.To the right of ownership over a determined part of the trust immovable property.
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Article 612 In the case of immovable property
When the trust property is immovable property, the trust certificates shall be registered.
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Article 613 Content
Trust certificates must contain, in addition to the general requirements established for negotiable instruments, the following:
1º.The statement of being: certificate or trust certificate.
2º.The data identifying the deed of constitution of the trust and the creation of the certificates themselves.
3º.The description of the trust property.
4º.The appraisal of the property, if the certificates have a nominal value.
5º.The powers of the trustee.
6º.The rights of the holders, with express statement of the conditions for their exercise.
7º.The signature of the trustee and that of the representative of the administrative authority intervening in the creation of the instruments.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 614 Term
The term of the trust certificates may not exceed that established for the trust that gave rise to them.
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Source: OMPI, WIPO Lex (texto oficial suministrado por Guatemala, con las reformas anotadas hasta el Decreto 55-2010). Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.