Trust Services
BMS Trust Services – Reliability and Security for Complex Structures
BMS Bond Management Support GmbH & Co. KG acts as a neutral and dependable partner for demanding trust mandates. With many years of experience, we create transparency, legal certainty, and trust among all parties involved. Together, we develop the right solution tailored to your specific situation.
Our trust services at a glance:
Trustee pursuant to § 8a of the German Partial Retirement Act (Altersteilzeitgesetz)
The safeguarding of company partial-retirement accounts becomes legally mandatory as soon as your organisation enters into a partial-retirement agreement that involves the build-up of a long-term working-time credit.
Through a trust agreement for the insolvency protection of partial-retirement time-value accounts, we assume the administration of employees’ credit balances and ensure full, continuous compliance with all statutory requirements. In the event of insolvency, employees are paid out directly.
Important: The insolvency protection of credit balances accumulated under partial-retirement arrangements is required by law. The obligation to secure these credit balances arises with the very first credit entry —i.e., at the moment the employee’s entitlement to remuneration during the release phase is created. This entitlement is enforceable under employment law.
Background: What happens to the credit balance if the employer files for insolvency and can no longer pay the partial-retirement salary? The employee would merely have an (often worthless) insolvency claim pursuant to § 38 of the German Insolvency Code (InsO).
Your benefits at a glance:
- Relief of bank credit lines through off-balance-sheet structuring
- Full compliance with all statutory obligations
- No risk of loss of previously performed working time due to insolvency protection
- Legally compliant trust agreement for securing corporate partial-retirement accounts
- Fast implementation, easy administration
- Access to best-in-class conditions via BMS Bond
Dual-purpose trust in restructuring
In economically challenging situations, dual-purpose trust is a proven instrument for stabilization and restructuring. We assume fiduciary management, thereby safeguarding the interests of both companies and their creditors. This creates room for maneuver and supports sustainable restructuring solutions.
Security trustee for syndicated agreements
As a security trustee, we pool the collateral and rights of multiple creditors in a syndicated agreement. These are held in trust for the security provider, who may request (re-)transfer once the security purpose ceases. This ensures a clear and efficient structure that provides reliability for all parties. Our expertise guarantees proper administration and professional distribution in line with contractual agreements.
Your strong partner for complex challenges
Your challenge is our driving force. With experience, reliability, and professional expertise, we support you in developing the tailored solution that best fits your specific situation.