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A trust is an agreement that allows one party, known as a trustee, to hold, manage, and direct assets or property on behalf of another party, called the beneficiary. In a business trust, a trustee manages a business and conducts transactions for the benefit of its beneficiaries.
Some of the larger trust companies are Northern Trust, Bessemer Trust, and U.S. Trust, which is now part of Bank of America Corporation. These trusts generally charge their fees based on a percentage of assets, ranging from 0.25% to 2.0%, depending on the size of the trust.
A business trust could also be a real estate investment trust, which allows beneficiaries to invest in real estate assets by purchasing stock in the entity. The trustees may lease the properties and collect the rent, then pass the income along to the beneficiaries, who would pay income tax on those dividends.
Declaration of trust is the document used to establish the primary details of a trust. While some states allow oral declarations, many states require a written declaration of trust outlining the essential pieces of the trust in order for it to be legally recognized.
A declaration of trust, or nominee declaration, appoints a trustee to oversee assets for the benefit of another person or people. The declaration also describes the assets that are to be held in the trust and how they are to be managed. State laws have different requirements for the creation of a declaration of trust.