Minnesota Directors and Officers Indemnity Trust

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Multi-State
Control #:
US-CC-17-105G
Format:
Word; 
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This sample form, a detailed Directors and Offiers Indemnity Trust, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

Minnesota Statute 302A. 251 provides that directors and officers owe fiduciary duties of care and loyalty to the corporation and its shareholders. Similar to Delaware, the MN Statute provides that ?a director may, in considering the best interests of the corporation, consider the interests of creditors.?

The trustee has a duty to manage the trust's assets in the best interests of the beneficiary or beneficiaries. This might include managing rental properties, investing funds, or paying income to the beneficiary. Trusts differ in how a trustee can distribute trust income. Living Trusts - Probate and Planning Minnesota Attorney General ? consumer ? handbooks Minnesota Attorney General ? consumer ? handbooks

An estate or trust with $600 or more of gross income assignable to Minnesota must file Form M2, Income Tax Return for Estates and Trusts. Filing is required even if the trust is considered a resident trust. Filing Requirements for Estates and Trusts | Minnesota Department of ... revenue.state.mn.us ? filing-requirements-est... revenue.state.mn.us ? filing-requirements-est...

A prohibition or limit on indemnification or advances may not apply to or affect the right of a person to indemnification or advances of expenses with respect to any acts or omissions of the person occurring prior to the effective date of a provision in the articles or the date of adoption of a provision in the bylaws ...

An action required or permitted to be taken at a meeting of the shareholders may be taken without a meeting by written action signed, or consented to by authenticated electronic communication, by all of the shareholders entitled to vote on that action.

Fiduciary duties arise by operation of law (i.e., when a statute says a particular relationship is a fiduciary one) or where one person (i.e., the agent) agrees to act for and on behalf of another (i.e., the principal) in a particular matter giving rise to a relationship of trust and confidence.

When written action is permitted to be taken by less than all directors, all directors shall be notified immediately of its text and effective date. Failure to provide the notice does not invalidate the written action.

A Beneficiary Controlled Trust refers to a trust where the beneficiary may also be the controlling trustee. The beneficiary can be provided virtually the same control as he or she would have with outright ownership. For example, the beneficiary, as the controlling trustee, could make all investment decisions. What a Beneficiary Controlled Trust Can Do to Protect Your Legacy ... kiplinger.com ? retirement ? estate-planning kiplinger.com ? retirement ? estate-planning

The fiduciary duty is breached where the agent's personal interests and fiduciary duty conflict, where the fiduciary's duty conflicts with another fiduciary duty, or where the fiduciary profits from his position without the principal's express knowledge and consent.

I. As a beneficiary of a trust in Minnesota, you have the right to information about the trust and its administration. This includes, but is not limited to: A complete copy of the trust document. Updates on the trust's assets and liabilities.

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Minnesota Directors and Officers Indemnity Trust