A common feature of transactions in which the source of financing, seller or buyer holds an asset of the seller or buyer is a trust agreement. A trust agreement ensures, among other things, that a party`s obligation to provide money or property in a transaction is not impeded, for example, by the party`s bankruptcy. A trust agreement may be used to hold trust funds, securities or other documents that must be handed over to a designated party in the event of an agreed term being triggered. It is important that a trust agreement defines the circumstances in which fiduciary ownership is delivered. Making available how the parties should act reduces the discretion that can be exercised by a party, thus facilitating a harmonious conclusion of the activity. Often, contracting authorities are confronted with a project for which it is not clear whether or how the Public Procurement Regulations 2015 (PCR 15) apply. This is particularly the case where a project contract consists of a number of aspects, some of which are subject to PCR 15, while others may not. It is an ancillary contract when certain elements obtained can be considered secondary to the main subject matter of the contract. FP15 provides useful guidelines to assist contracting authorities in determining whether or not PCR 15 is relevant for such contracts. However, this is a complex area that requires a number of different factors. Commercial agreements concluded after the conclusion, such as supply contracts, distribution contracts and real estate lease agreements, determine the terms of the commercial relations between the parties after the conclusion. These agreements are generally necessary to enable the buyer to operate the transaction in the same way as that which was operated by the seller just before the conclusion.
For example, the parties may enter into a delivery contract if the business for sale receives inventory from another business entity of the seller or a subsidiary of the seller that is not included in the transaction. . . .