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Trustees are jointly and severally liable for breach of trust to their beneficiaries where that breach has led to a loss to the trust fund. Common allegations of breach of trust include where a trustee: Distributes trust assets to a beneficiary who is not entitled to them under the terms of the trust document.
When there are multiple trustees appointed to manage a trust, they are called co-trustees. A trustee manages and administers a trust, including selling and distributing trust property, and filing taxes for trust income when necessary.
A voting trust is a contract between shareholders in which their shares and voting rights are temporarily transferred to a trustee. A voting agreement is a contract in which shareholders agree to vote a certain way on specific issues without giving up their shares or voting rights.
Can a co-trustee act alone? The answer to this is No unless the Trust document states otherwise. In the case where the Trust does not explicitly state, the Trustee and the co-trustee should make all decisions unanimously to push the trust administration process forward.
A voting trust certificate is a document issued by a limited-life trust of a corporation established to give temporary voting control of a corporation to one or a few individuals.
The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.
Ultimately, co-trustees are accountable for managing and overseeing the trust in the best interests of its beneficiaries. And, again, unless specifically indicated on the trust, co-trustees must act unanimously (or sometimes with a majority if there are more than 2 trustees) and be in agreement when making decisions.
Trustees have a duty to act jointly where more than one (and subject to the specific provisions of the Trust). Trustees have a duty to act gratuitously (subject to certain exceptions and the terms of the Trust, normally applying to professional Trustees).
A voting trust agreement is a contractual agreement that records the transfer of shares from a shareholder to a trustee. The agreement gives the trustee temporary control of the voting powers of the shareholders.
A voting agreement enables the shareholders to take control of the operations of the business. It also gives them the power to put forward their opinions and participate in the decision-making. If there are any disputes between the shareholders and the company, this agreement gives shareholders an edge to resolve them.