How it works
How an escrow works at Fidens
From the first conversation to the release of the funds, a journey overseen by a lawyer and secured by a CARPA account.
The mechanism
A trusted third party between the parties
When a transaction requires a sum to be held safely until a condition is met, Maître Martin Estanove receives the funds on the CARPA account and undertakes, under an agreement, to release them only to the beneficiary and on the agreed terms. Neither the depositing party nor the beneficiary can dispose of them unilaterally in the meantime.
The steps
The journey of a transaction
Account opening & escrow agreement
Create your secure space and submit (or draft with our help) the escrow agreement tailored to your transaction.
Parties & bank details
Enter the depositing party, the beneficiary, their identities and bank details.
Funds held on a CARPA account
The funds are received and held on the lawyer's CARPA account, dedicated to your matter for a defined period.
Release upon conditions
The funds are released as soon as the agreed conditions precedent are met.
Legal & ethical framework
The guarantees of an escrow entrusted to a lawyer
Controlled fund handling
Every movement passes through the CARPA, which checks the origin and destination of the funds and guarantees settlements.
Professional secrecy
The lawyer is bound by professional secrecy: the information and documents in the matter are strictly confidential.
Bespoke agreement
The escrow agreement is tailored to your transaction and sets out precisely the conditions for release.
Ring-fenced funds
The sums are isolated on a dedicated sub-account, separate from any other funds, for the exclusive benefit of the matter.
AML/CFT compliance
Identity and source-of-funds checks in line with anti-money-laundering obligations.
Full traceability
Every step is time-stamped and documented, from receipt to release of the funds.
Frequently asked questions
What you should know
What is an escrow agent?+
An escrow agent is a trusted party to whom the parties entrust funds until agreed conditions are met. At Fidens, this role is performed by a lawyer, who receives and holds the funds on behalf of the parties before releasing them under the agreement.
What is the CARPA account?+
The CARPA (the French bar's fund-handling body) frames and controls all fund handling carried out by lawyers. Escrowed funds are deposited there on a sub-account dedicated to your matter — ring-fenced and traceable, under the guarantee of the Bar.
When are the funds released?+
The funds are released once the conditions set out in the agreement are met: on a set date, on the occurrence of an event, or by joint agreement of the parties. No release occurs outside this framework.
Is the escrow set up by Fidens conventional?+
Yes. Fidens sets up conventional escrow: it rests on the agreement of the parties, formalised in an agreement that sets the conditions for releasing the funds. It is the preferred route to secure the price of a voluntary transaction (sale, financing, settlement).
Is my data protected?+
Yes. Identity and banking information is processed in line with the GDPR, ring-fenced per matter, and covered by the lawyer's professional secrecy.
A transaction to secure?
Open a matter or let's discuss your situation.