Delaware Distribution Agreement regarding the continuous offering of the Trust's transferable shares of beneficial interest
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How to fill out Distribution Agreement Regarding The Continuous Offering Of The Trust's Transferable Shares Of Beneficial Interest?
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FAQ
When an investor sells a property and reinvests the proceeds into a DST (Delaware Statutory Trust) , they can defer paying taxes on the capital gains until the trust is sold or the investor passes away. This allows investors to keep more of their investment capital working for them, rather than paying taxes.
The Delaware Statutory Trust Act (DSTA) states the trust is a separate legal entity and no creditor of a beneficial owner has any right to obtain possession of any of the property belonging to the trust (See 12 §3805(b)).
(a) Every statutory trust shall at all times have at least 1 trustee which, in the case of a natural person, shall be a person who is a resident of this State or which, in all other cases, has its principal place of business in this State.
Statutory trusts involve real property that is held by a trustee with the intention of selling. Any profits from the real property including rent and sale profits go into the trust. These profits are then paid to the benefactors of the trust. This process is regulated by the Uniform Statutory Trust Entity Act (USTEA).
The Delaware Statutory Trust Act (DSTA) states the trust is a separate legal entity and no creditor of a beneficial owner has any right to obtain possession of any of the property belonging to the trust (See 12 §3805(b)).
Delaware statutory trusts are formed as private governing agreements under which either (1) property (real, tangible and intangible) is held, managed, administered, invested and/or operated; or (2) business or professional activities for profit are carried on by one or more trustees for the benefit of the trustor ...
The Delaware Statutory Trust Act; 12 Del. C. §3801 et seq. (the ?Delaware Act?), which was enacted in 1988, provides, among other things, that the business trust is a separate legal entity and that the personal liability of the beneficial owners are limited to the same extent as stockholders in a Delaware corporation.