Fiduciaire

Fiduciaire is the French term for fiduciary, used to describe a person or entity that holds and manages assets on behalf of another and is bound by fiduciary duties. In English-language contexts, the corresponding term is fiduciary.

The term derives from Latin fiducia meaning trust, passing into Old French as fiducie and later as fiduciaire in modern French. In law and finance, fiduciaire describes both a capacity and a class of actors who administer property or interests under a trust or similar arrangement. In Francophone jurisdictions, fiducie structures and fiduciary roles are used to separate ownership from control and to ensure that assets are managed for beneficiaries or clients.

Core duties of a fiduciaire include loyalty and good faith, avoidance of conflicts of interest, prudent administration, and timely disclosure of material information. They must prioritize the interests of beneficiaries or clients over their own, manage assets with care, and act within the scope of their authority. Common fiduciaires include trustees, executors, guardians, corporate directors, and financial advisers or asset managers who manage funds on behalf of others.

In many legal systems, fiduciary duties represent a high standard of care in governance and asset management. Breach of fiduciary duty can lead to civil liability, restitution, or other remedies. The precise scope and remedies vary by jurisdiction and by the specific fiduciary arrangement, but the underlying principle remains: a trusted agent must act in the best interests of those entrusted to their care.