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Voting Trust of Shares in Closely Held Corporation

Tennessee Voting Trust of Shares in Closely Held Corporation

Category:

Trusts - Voting Trusts

State:

Multi-State

Control #:

US-02094BG

Format:

Instant download

Description

Closely held corporations are those in which a small group of shareholders control the operating and managerial policies of the corporation. Most, but not all, closely held corporations are also family businesses. Family businesses may be defined as those companies where the link between the family and the business has a mutual influence on company policy and on the interests and objectives of the family.

A voting trust is a device for combining the voting power of shareholders. It is not unlawful for shareholders to combine their voting stock for the election of directors so as to obtain or continue the control or management of a corporation. Some state laws limit the duration of voting trusts to a period of a certain number of years.

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FAQ

The Voting Trust shall either be treated as a grantor trust under subpart E, part I of subchapter J of the Internal Revenue Code of 1986, as amended, or shall be treated as merely a custodial arrangement that is not an entity recognized for U.S. federal tax purposes, and the provisions of this Agreement shall be

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. Voting trusts are operated by the current directors of the company.

Anyone who owns stock in a company has a voting right to the decisions that the company makes. The fewer shares someone owns, the less voting power they have. Voting has a significant impact on the price of the shares someone owns.

Shares of Class A Common Stock represented by Trust Interests may be withdrawn from the Voting Trust only (a) upon written notice by a Beneficiary to the Trustee (a Class A Notice of Withdrawal) or (b) in connection with an Ineligibility Withdrawal or a Selling Withdrawal (each as defined below).

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.

Key Takeaways. Voting trust agreements allow shareholders to transfer their voting rights to a trustee, effectively giving temporary control of the corporation to the trustee.

The unit trust holds shares and/or other securities on a pooled basis to give the unit holders a share in a wide spread of investments. The unit trust deed will set out the powers and duties of the trustees and the manager of the collective investments and the rights and powers of the investors in the units.

Voting trust agreements allow shareholders to transfer their voting rights to a trustee, effectively giving temporary control of the corporation to the trustee. Usually found in smaller companies, these agreements are often used to prevent or facilitate takeovers.

A voting trust is a legal trust created to combine the voting power of shareholders by temporarily transferring their shares to the trustee. In exchange for their shares, shareholders receive certificates indicating they are beneficiaries of the trust.

Shareholders can use voting trusts to help resolve conflicts of interest in some functions of the company. Ordinarily, such shareholders would transfer their shares to a trustee who would then vote on their behalf at arms-length to mitigate against conflicts of interest.