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statutory trust is generally referred to as a common law trust. See The Law within this site for information on the common law. Statutory trusts are those, which like corporations, are established by and through a law created by the legislature of your state.
Advantages of a trust A trust provides asset protection and limits liability in relation to the business. Trusts separate the control of an asset from the owner of the asset and so may be useful for protecting the income or assets of a young person or a family unit. Trusts are very flexible for tax purposes.
There may, of course, be illegal trusts; but a trust in and by itself is not illegal: when resorted to for a proper purpose, it has been for centuries enforced by courts of justice, and is, in fact, the creature of a court of equity.
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).
Trust advantages and disadvantageslimited liability is possible if a corporate trustee is appointed.the structure provides more privacy than a company.there can be flexibility in distributions among beneficiaries.trust income is generally taxed as income of an individual.
(2) "Business trust" means an unincorporated trust or association, including a Maryland real estate investment trust, a common-law trust, or a Massachusetts trust, which is engaged in business and in which property is acquired, held, managed, administered, controlled, invested, or disposed of for the benefit and profit
A statutory trust is formed by filing a certificate of trust with the State Department of Assessments and Taxation of Maryland (the SDAT) and is a separate legal entity.
How Does a Business Trust Work? 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.
A trustee is the legal owner of the assets held in the trust which are managed by the trustees for the benefit of the beneficiaries of the trust in question. Trustees receive their powers from the trust instrument and/or from statute.
The rules of intestacy can provide for assets to be held in a 'statutory trust' (a 'trust for sale' TSEM6123). Most commonly, it occurs where the assets exceed a fixed sum (set by statute), and the deceased left a widow and issue. The widow is entitled to the fixed sum. Half of the excess is held on a statutory trust.