Management Trust Sample
Management Trust Sample
Management Trust Sample
MANAGEMENT
TRUST
SAMPLE
TRUST CERTIFICATE
ONE HUNDRED TRUST CERTIFICATE UNITS AUTHORIZED
_______
TRUSTEE TRUSTEE
TRUSTEE TRUSTEE
INSTRUCTIONS FOR:
MINUTES, BILL OF SALES, WARRANTY DEEDS
1. Each Trust MUST HAVE AT LEAST ONE (1) BUSINESS MEETING PER
YEAR NO EXCEPTIONS!!
a. This is to meet legal requirements proving the Trust is being
administered.
b. At least one (1) business meeting per year for Holding Trusts and one
(1), three (3), or four (4) per year for Management Trusts, depending on
the activity.
l.) If one (1) meeting per year, the meeting must be within the last quarter
of the year, preferably as close to the last week in the calendar quarter as
possible.
2.) If three (3) business meetings per year, have one business meeting
every four (4) months.
3. Type the format of the minutes exactly as they are in the example, changing only the
specific nature of the meeting.
4. After the typing of the minutes send the minutes to your first Trustee to be signed.
Please remember the 1st Secretary DOES NOT SIGN THE MINUTES until the minutes
come back signed by the Trust Officer. The 1st Secretary>s signature states that the
minutes are approved as typed and signed and can now be recorded into the official
record of the Trust.
1. The guidelines and instructions on Page “F” apply to this section also
2. If there is business to take care of, example: contract with a CPA, go look at a
piece of equipment or property the Trust is interested in buying, maintain property by
painting, repairing, etc., buy or sell a house, buy or sell a car, buy or sell anything, you
authorize the change, work, service, purchase or sale, etc., by meeting with the Board of
Trustees and placing a formal minute into the official record of the Trust stating the
details of the action to be taken.
A. Always increase the minutes number (#) for each new minute created, refer to the
last minute in the Trust documents for the next meeting number (#).
b. The Board of Trustees may meet anytime they desire, with proper notice, and put
SPECIAL CALLED MEETING at the top and in the first paragraph.
4. Type the format of the minutes exactly as they are in the example, changing only
the specific nature of the meeting.
5. After the typing of the minutes send the minutes to your first Trustee to be signed.
Please remember the 1st Secretary DOES NOT SIGN THE MINUTES until the minutes
come back signed by the Trust Officer the 1st Secretary’s signature states that the minutes
are approved as typed and signed and can now be recorded into the official record of the
Trust Organization.
1. Any time you or the Trust sells something you must fill out a bill of sale: a bill of
sale is used on everything but real property (House, Land, building, etc.)
3. Recording a Bill of Sale in the County Recorder’s Office is OK, but it is not
suggested because privacy is the goal; when a Bill of Sale is recorded in the Recorder’s
Office it is a matter of public record.
1. Notice: every line the General Trust Manager fills out should be UNDERLINED
and numbered.
1.) For cars, boats, motorcycles, etc., put GIFT (to Family Holding Trust), this will
save on transfer fees in some states.
2.) for most things just put TEN OR MORE AND NO/100S DOLLARS ($10.00).
3.) When the Trust sells something to someone or to some organization put the actual
DOLLAR AMOUNT.
B. Record who or what bought or received the item sold and their address (yes it can
be a post office box).
C. Look at Page “K” and “L”; these are blank BILL OF SALES for the General Trust
Manager to make copies of and use in the administration of the Trust.
l. Any time the Trust buys or sells a home, property, buildings or real property of
any type, there must be a Warranty Deed.
2. Before any property is transferred into Trust the owner of the property must check
with the mortgage company to receive permission to transfer the property.
3. When the Warranty Deed is completed with Notary it must be filed with the
County Recorder’s Office this is not optional, the deed must be recorded with the county
the property is in.
a. Line 3-4 are identifying who is transferring and who is accepting the transfer
b. Line 7-11 are for the date of the transfer, the entity performing the transfer, the
entity receiving the transfer and the address of the one receiving the transfer.
d. Line 20-26 are the legal description of the property being transferred; if there is
not enough room for the description use a separate sheet of paper and mark the paper.
e. Line 36-37 is the last day of the year of the year of the transfer.
f. Line 42-56 are the signature lines; each signature has two witness beside it.
g. Line 58-69 are the notary lines.
2. Look at Page IV-7 for blank Deeds for the General Trust Manager to make copies
of and use.
EXAMPLE MINUTES
FOR REGULAR SCHEDULED BUSINESS MEETINGS
With all of the Board of Trustees in attendance, the following Minutes were duly adopted
and approved by unanimous consent as Minutes of the Fifth Meeting of the Board of
Trustees for ABC MANAGEMENT TRUST:
one sofa, one love seat, two arm chairs, two end tables, one coffee table, two
lamps, one floral arrangement for the coffee table.
There being no further business to come before the meeting, upon a motion duly made,
seconded and carried, the meeting was adjourned.
__________________
First Trustee:
Minutes recorded and approved on the 1st of June, A.D. 1995 by:
______________________________
1st Secretary for the Board of Trustee
FIRST & LAST NAME
EXAMPLE MINUTES
FOR SPECIAL CALLED BUSINESS MEETINGS
USE ANY TIME YOU NEED TO PUT SOMETHING INTO THE FORMAL RECORD
OF THE TRUST, EXAMPLE: BUYING SOMETHING, SELLING SOMETHING,
CHANGING OWNERSHIP, REPAIR WORK, ETC. ALWAYS ATTACH A COPY OF
WARRANTY DEED, BILL OF SALE, PURCHASE INVOICE, DELIVERY RECEIPT,
ETC., AND MAKE REFERENCE TO THE ATTACHMENT IN THE BODY OF THE
MINUTES. REMEMBER: THIS IS YOUR AUTHORIZATION TO DO AND PROOF
YOU DID IT.
With all of the Board of Trustees in attendance, the following Minutes were duly adopted
and approved by unanimous consent as Minutes of the Sixth Meeting, a Special Called
Meeting, of the Board of Trustees for ABC MANAGEMENT TRUST.
MINUTE NUMBER 20: The Board of Trustees has approved the purchase of a living
room set of furniture and authorizes the General Trust Manager to proceed with the
purchase; this purchase is not to exceed $1,700.00 and will include:
one sofa, one love seat, two arm chairs, two end tables_, one coffee table, two
lamps, one floral arrangement for the coffee table.
There being no further business to come before the meeting, upon a motion duly made,
seconded and carried, the meeting was adjourned.
First Trustee:
Minutes recorded and approved on the 1st of June , A.D. 1995 by:
____________________________
1st Secretary for the Board of Trustees
INSTRUCTIONS FOR:
MINUTES, BILL OF SALES, WARRANTY DEEDS
1. Each Trust MUST HAVE AT LEAST ONE (1) BUSINESS MEETING PER
YEAR ---NO EXCEPTIONS!!!
b. At least one (1) business meeting per year for holding Trust, and one
(1), three (3), or four (4) per year for Management Trusts depending on the
activity. .
1.) If one (1) meeting per year the meeting must be within the last
quarter of the year, preferably as close to the end of the quarter as
possible.
2.) If three (3) business meetings per year, have one business meeting
every four (4) months.
3.) If four (4) business meetings per year have one business
meeting every three (3) month.
3. Type the format of the minutes exactly as they are in the example, changing
only the specific nature of the meeting.
4. After the typing of the minutes send the minutes to your first Trustee to be
signed. Please remember the 1st Secretary DOES NOT SIGN THE MINUTES
until the minutes come back signed by the Trust Officer the 1st Secretary's
signature states that the minutes are approved as typed and signed and can now be
recorded into the official record of the Trust.
INSTRUCTIONS FOR; MINUTES, BILL OF SALES, WARRANTY
DEEDS. . . cont.
1. The guidelines and instructions you found and read apply to this section also.
If there is business to take care of, example: contract with a CPA, go look at a
piece of equipment or property the Trust is interested in buying, maintain
property by painting, repairing, etc., buy or sell a house, buy or sell a car, buy
or sell anything, you authorize the change, work, service, purchase or sale, etc.,
by meeting with the Board of Trustees and placing a formal minute into the
official record of the Trust stating the details of the action to be taken.
a. Always increase the minutes number (#) for each new minute created,
refer to the last minute in the Trust documents for the next meeting
number (#).
b. The Board of Trustees may meet anytime they desire, with proper
notice, but, be sure to use the guideline for the minutes and put SPECIAL
CALLED MEETING at the top and in the first paragraph.
3. Type the format of the minutes exactly as they are in the example, changing
only the specific nature of the meeting.
4. After the typing of the minutes send the minutes to your First Trustee to be
signed please remember the 1st Secretary DOES NOT SIGN THE MINUTES
until the minutes come back signed by the Trust Officer the 1st Secretary's
signature states that the minutes are approved as typed and signed and can
now be recorded into the official record of the Trust Organization.
INSTRUCTIONS FOR; MINUTES, BILL OF SALES, WARRANTY DEEDS.
. . cont.
1. Any time you or the Trust sells something you must fill out a bill of sale; a
bill of sale is used on everything but real property (House, Land, building,
etc.)
Recording a Bill of Sale in the County Recorder's Office is OK, but we do not
suggest it because privacy is the goal. When a Bill of Sale is recorded in the
Recorder's Office, it is a matter of public record.
1. Notice: The General Trust Manager fills out the Bill of Sale.
2. What do I do?
1.)..For cars, boats, motorcycles, etc., put GIFT (to Family Holding Trust), this
will save on transfer fees in some states.
2.) For most things just put TEN OR MORE AND NO/100'S DOLLARS
($10.00).
3.) When the Trust sells something to someone or to some organization put the
actual DOLLAR AMOUNT.
b. Include who or what bought or received the item sold and their address (yes, it
can be a post office box).
C. Look at the blank BILL OF SALES for the General Trust Manager to make
copies of and use in the administration of the Trust. MAKE COPIES -MAKE
COPIES!!
INSTRUCTIONS FOR; MINUTES, BILL OF SALES, WARRANTY DEEDS.
. . cont.
1. Any time the Trust buys or sells a home, property, buildings or real property
of any type, there must be a Warranty Deed.
2. Before any property is transferred into Trust the owner of the property must
check with the mortgage company to receive permission to transfer the property
into a “Family Holding Trust”.
3. When the Warranty Deed is completed with Notary it must be filed with the
County Recorder's Office this is not optional the deed must be recorded with the
county the property is in.
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTMENTS:
That I the undersigned Seller for and in consideration of the sum of..................
$
paid by: ABC Management Trust whose mailing address is ...................
Non Domestic Mail ! c/o 4321 Main Street ! Your Town, Your State the buyers,
receipt of which is hereby acknowledged, does hereby sell, assign, and convey to the
buyer, all of seller's rights, title and interest, in and to, the following described personal
property:
SELLER:
_____________________________________
(MANAGER)
On this 1st day of June , A.D. 1995 , before us, the undersigned Witnesses, personally
appeared, Sue Doe (MANAGER). to me known to be the individual described in and
who executed the foregoing instrument and acknowledged that he executed the same as
his/her free act and deed.
IF RECORDED, MAIL TO: {
{
4321 Main Street {
Your Town, Your State {
{
__________________________________________________________________
Space above line for Recorder's use
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTMENTS
That I the undersigned Seller for and in consideration of the sum of......................
$
paid by: ABC Management Trust whose mailing address is ...................
Non Domestic Mail ! c/o 4321 Main Street ! Your Town, Your State
the buyers, receipt of which is hereby acknowledged, does hereby sell, assign, and
convey to the buyer, all of seller's rights, title and interest, in and to, the following
described personal property:
SELLER:
_____________________________________
(MANAGER)
On this 1st day of June, A.D. 1995 , before us, the undersigned Witnesses, personally
appeared, Sue Doe (MANAGER) to me known to be the individual described in and
who executed the foregoing instrument and acknowledged that he executed the same as
his free act and deed.
(Witness) (Witness)
witnesseth the grantor, for and in consideration of the sum of $110.00 and other valuable considerations, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, confirms unto the grantee all that certain land
situate in , viz:
put legal description from current warranty deed filed with county records in this space:
If there is not enough room to put full legal description in this space, then put legal description on a separate sheet of paper
and mark the separate sheet of paper as exhibit A, and make reference to exhibit A in this space, Example:
Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumberances, except taxes accruing subsequent to Day of
, 199 .
In witness Whereof, the said grantor has hereunto set hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
(S) ) (S)_________________________
(PRINT NAME)
(PRINT NAME(GRANTOR)
(S)
(PRINT NAME)
State )
)
County)
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared , to me known to be the
person(s) described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.
WITNESS my hand and Official seal in the County and State last aforesaid this Day of
, 119 .
NOTARY PUBLIC
This Warranty Deed made the 5th day of June , A.D. 1996 ,
by John Doe & Jane Doe Hereinafter called the grantor, to Me OH My Management Trust, whose Post
Office address is P.O. Box # 1234 any where U.S.A. 12345 , hereinafter called the grantee: (whenever used herein the terms
Agrantor@ and Agrantee@ include all the parties to the instrument and the beneficiaries, legal representatives and assigns of individuals, and the successors and assigns of
corporations).
witnesseth the grantor, for and in consideration of the sum of $110.00 and other valuable considerations, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, confirms unto the grantee all that certain land
situate in ANY COUNTRY, ANY STATE viz:
put legal description from current warranty deed filed with county records in this space:
If there is not enough room to put full legal description in this space, then put legal description on a separate sheet of paper
and mark the separate sheet of paper as exhibit A, and make reference to exhibit A in this space, Example:
Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumberances, except taxes accruing subsequent to 31 Day of December, 1995
.
In witness Whereof, the said grantor has hereunto set hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
(S) (S)
_________________________
(PRINT NAME) John Doe (PRINT
NAME)
(S) (S)______________________
(PRINT NAME) Jane Doe (PRINT
NAME) (GRANTOR)
(S)
(PRINT NAME)
State )
)
County)
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared John And Jane Doe , to me known to be the person(s) described in and who executed the
foregoing instrument and they acknowledged before me that they executed the same.
WITNESS my hand and Official seal in the County and State last aforesaid this 5th Day of June, 1996.
NOTARY PUBLIC
DECLARATION OF TRUST
SEAL
THIS Agreement, Conveyance and Acceptance is made and entered into at this time and
on the date appearing in the Acknowledgment and Declaration Page attached hereto, by
and between
who for and in consideration of One Hundred (100) Dollars cash and the acceptance by
the First Trustee by and in behalf of the Board of Trustees of the properties to be
conveyed, and the conditions, terms and provisions of this Indenture, the Trust
Organization Bylaws, and the Resolutions of the Board of Trustees interpreting the same;
and the right of the Settler to direct issuance of all Trust Certificate Units in the Trust
Organization;
HEREBY offers to convey to the Board of Trustees certain properties, the nature, and
identity and description of which are presently known to both the SETTLER and FIRST
TRUSTEE, and which shall be further identified and described in Minute Number 1 shall
be incorporated herein by reference immediately upon its execution; SETTLER warrants
its authority to transfer such interest in said properties as is specified to be transferred in
attached said Minute Number 1;
of (address)4321 Main Street, Your Town, Your State; who by signing this indenture hereby
accepts on behalf of the Board of Trustees the properties to be set forth in Minute
Number 1; accepts the conditions, terms and provisions of this Indenture, the Trust
Organization Bylaws, and the resolutions of the Board of Trustees interpreting the same
as recorded in the minutes of its meetings from time to time, which shall serve as the
governing instruments of the Board; and agrees to transfer all Trust Certificate Units in
the Trust Organization in accordance with SETTLER’s direction.
THE acceptance and signing of the Indenture by the FIRST TRUSTEE shall constitute
the first Board of Trustees, and the signing and acknowledging of appropriate Trust
Minutes by subsequently appointed Trustees shall constitute their acceptance of the Trust
Indenture and the Trust property in the same manner as the FIRST TRUSTEE, and the
assets and emoluments thereof shall immediately vest in any new Trustee as fiduciary for
the Trust Estate without further act or conveyance, except as may be required by local
law. The FIRST TRUSTEE may appoint a Second Trustee and the Board of Trustees
shall increase or decrease the number of Trustees as appropriate to the affairs of the
Trust Organization. NO bond shall be required of the FIRST TRUSTEE, nor shall any
bond be required of any future Trustee appointed to the Board of Trustees, unless the
Board of Trustees, by appropriate Minute, requires such of any newly appointed Trustee.
The Board of Trustees shall appoint a First Secretary, whose sole duties and powers shall
be to serve as a Protector of the interests of the Beneficiaries hereof, by having the power
to remove any Trustee, upon written notice, so long as said First Secretary shall,
concurrently with the effective date of the removal of such Trustee, appoint a qualified
and financially competent or bonded successor Trustee, who shall take office at that time;
and the First Secretary shall also have the power to attest to the correctness of the
Minutes and Resolutions of the Board.
THIS Trust Organization shall be originally domiciled in, and shall be interpreted and
construed under the Constitution of the united States of America. The domicile, and
thereby the controlling interpretational laws under which the Trust Organization shall be
construed, may be changed to any other state or Nation as shall be deemed prudent, wise,
necessary, or appropriate by the Board of Trustees. This Trust Organization shall enjoy
the benefits of the Uniform Commercial Code adopted by the City of Washington,
District of Columbia in the following citation, section 28:1-105, TERRITORIAL
APPLICATION OF THIS SUBTITLE; PARTIES POWER TO CHOOSE APPLICABLE
LAW, and if deemed necessary and appropriate by the Board of Trustees, invocation of
Article VI, clause 2 of the united States Constitution, THE SUPREMACY CLAUSE, if
the Board of Trustees invokes any protection, benefits and rights in any international
agreement or TREATY between the united States of America and any international
organization, such as the United Nations and its lessor organs, or any other nation,
whether or not situs change is so ordered, and section 28:1-207, PERFORMANCE OR
ACCEPTANCE UNDER RESERVATION OF RIGHTS.
THE board of Trustees shall have, except as modified by the terms of this Trust
Indenture, the Trust Organization Bylaws, and Resolutions of the Board of Trustees
interpreting the same, all of the powers of Trustees under the Common Law, as well as
those specified under the Uniform Trustees Powers Act, including, but not limited to, the
power to make any type of investment for the benefit of the Trust Estate, to borrow
money for any Trust Organization purpose, to buy, sell, hold title to and/or encumber
property of hypothecate by mortgage or deed or Trust or pledge, or otherwise take any
measures it deems appropriate to expand the capital of the Trust Estate. The Board of
Trustees shall have all the powers necessary to operate, manage and control this Trust
Organization for the benefit of the Beneficiaries, and shall take any action which it deems
necessary and proper to carry out such purposes, provided however, that the Board shall
not possess any power to take any action contrary to law or inconsistent with the
provisions of the Trust Indenture and Trust Bylaws. It is also expressly provided that the
Board of Trustees shall not possess or exercise any power which would by its possession
or exercise cause the income of this Trust to be taxed to the SETTLER hereof as a
Grantor Trust under he provisions of the Internal Revenue Code.
THE Board of Trustees shall have full authority to determine what shall constitute
principal of the Trust Estate, gross income therefrom, net income distributable under the
terms of this Indenture and Bylaws to the Beneficiaries, and to allocate between principal
and income, and any such determination shall be conclusive.
NOTICE is hereby given to all persons or legal entities doing business with, extending
credit to, contracting with, or having a claim against this Trust Organization, that the
Board of Trustees is not personally liable when dealing with Trust property or matters,
and such persons must look only to the assets of the Trust Estate for payment of, or for
settlement of any debt, tort, damage, judgment or decree, or for any indebtedness which
shall become payable thereunder. No Trustee shall be liable for the act or omission of a
Co-Trustee, or any other person whatsoever, whether employed by such Trustee or not,
or for anything other than his own personal breach of the Trust Contract.
ANY person shall be entitled to rely upon a copy of the original Declaration of Trust and
any instruments duly executed in accordance with the provisions thereof, to the same
extent as the original document, when such copy is approved by the Board of Trustees.
An approved minute of the Board of Trustees authorizing what it is they determine to do
or have done shall be sufficient evidence that such an act is within their power to those
doing business with the Trust. Anyone lending or paying money to the Board of Trustees
shall not be obligated to see the application thereof.
THIS Trust shall continue for a term of ninety-nine (99) years from the date of
acknowledgment. The procedure to follow in the case of terminations shall be
specifically set forth in the Bylaws. The Trust shall also be renewable, if renewed prior
to its termination. The procedure to follow to renew this Trust shall be specifically set
forth in the Bylaws.
THE Beneficiaries of this Trust shall be the holders of the Trust Certificate Units in the
Trust Organization. The Board of Trustees shall issue no more and no less than
one-hundred Trust Certificate Units. Trust Certificate Units may be subdivided by the
Board of Trustees into units of smaller denomination, or merge smaller denominations
into larger ones, but the total Trust Certificate Units shall never exceed or be less than
one-hundred (100) units. At the creation of this Trust, all Trust Certificate Units shall be
transferred by the Board of Trustees; in accordance with the SETTLER’s direction. The
initial transfers, in the records of the Trust Organization, and such records shall be
conclusive proof of the proper holder of any units issued by the Board of Trustees. These
units, following the initial transfer, shall be strictly limited in transferability, as set forth
in the Bylaws. No purported transfer by any holder shall operate to transfer any rights in
any Units until and unless such transfer is first approved by the Board of Trustees. The
number of Units held by the Beneficiary shall be their percentage of any distribution due
to that Beneficiary when distributions are made. The number of Units held shall also be
the percentage such Beneficiary shall be entitled to of any Trust assets which remain at
the termination of this Trust. No title to any of the Trust assets or the income therefrom
shall vest in any beneficiary until the actual termination of this Trust, and neither the
income nor principal of the Trust shall be liable for any debts of any Beneficiary.
The holding of Units does not entitle the Holder to any management power or rights; nor
shall the death of a Holder, or transfer by a Holder, entitle his heirs, legal representative,
or transferees to demand any division of the property of the Trust, nor entitle such to any
rights whatsoever, except that any proper transfer of any Units shall entitle any new
Holder to exact same rights as the old Holder. All rights of any Holder terminate upon
the death of that Holder. No Holder shall have any power to sell, assign, transfer, or in
any other manner anticipate or dispose of his Units except under the strict procedures as
set forth in the Bylaws.
If any sentence, paragraph, clause, section or provision of this Trust Indenture, or the
Bylaws or Minutes of this Trust, is held to be unenforceable or invalid, it shall not effect
any of the remaining provisions and they shall be given legal effect nonetheless.
________________________
SETTLER:
________________________
First Trustee:
________________________
WITNESS:
_________________________
signature Address
1234 Main Street
ANY TOWN, USA
_________________________
Manager
_________________________
Occupation
The SETTLER is sustained by a moral belief that man is under a great Universal Spirit to
replenish the earth and subdue it. Thus it is a moral belief that all of mankind are under a
Divine Mandate to establish and care for and provide an estate for survival. The wisdom,
truth and good faith of this was demonstrated when the Congress of the united States of
America passed Public Law 97-280 declaring the year 1983 as the year of the Bible and
for all persons to live by spiritual principles no matter what label one attaches to his faith
in God. Therefore, the Organizational Purpose is to sustain and improve this Trust Estate
for the Trust Certificate Unit Holders to possess the things of like sufficient to provide for
growth, health, protection, education, refinement, recreating, welfare, expansion,
preservation and continuation.
Any and all persons may add property to this Trust Estate by gift, will, bill of sale, or by
deed, with the consent of the Board.
EXPRESSED INTENT
GRANTOR -TRUSTEES
It is expressly provided that it is against the purpose and intent of this Trust Organization
for the income of the Trust to be taxed to the SETTLER under the Grantor Trust
provisions of the Internal Revenue Code. To that end, should any person become a
Trustee of this Trust, and that person legally is deemed a Grantor of this Trust, such
Grantor-Trustee shall be prohibited from having or exercising the following powers,
to-wit:
In addition, in any vote concerning any matter from which any Grantor-Trustee would be
excluded by operation of these rules, the vote of the Board of Trustees must be
unanimous (excluding, of course, any such Grantor-Trustee, if existing). To satisfy this
purpose and intent, the Board of Trustees shall always contain at least one Trustee who is
deemed an adverse party Trustee under the Internal Revenue Code, and further, no
member of the Board of Trustees shall possess or exercise a power of administration in a
non-fiduciary capacity, nor a power exercisable solely by himself to vest the corpus or the
income therefrom in himself, or any other power, the possession or exercise of which
would cause the income of the Trust to be taxed to the SETTLER under the provisions of
the Internal Revenue Code.
The Board of Trustees shall enter into financial transactions with any Trustee,
Beneficiary, Trust managers, Officer, Executive or other related person only for adequate
consideration and upon adequate security.
Any Trustee is authorized to loan or advance funds to the Trust Organization for any
purpose and such loan or advance, together with stated interest, shall be a first lien
against the Trust Estate, and shall be repaid therefrom, so long as any such loan advance
is recorded in the Minutes of the Trust. Any Trustee is further authorized to deal with the
Trust in general business matters, provided only that in all such transactions, the Trustee
shall retain therein their/the fiduciary obligation. Any Grantor-Trustee shall abstain from
voting if benefitting from such a transaction and the remaining Trustees must
unanimously concur.
Under no circumstances shall the SETTLER have any interest in any investment made by
the Board of Trustees, other than such legal interest as would a stranger to the Trust
Organization in the particular transaction. The Board is authorized to deal with the
SETTLER, to purchase property, or to sell property, but always at the fair market value
and for an adequate and full consideration. Nothing in this paragraph shall be construed
as conferring power upon the SETTLER to require Trust Corpus, or any part thereof by
substitution of other property of an equivalent value.
Funds accruing in the Treasury of the Trust shall constitute the operating funds of the
Trust Estate. The Board of Trustees may authorize liquidation of assets for the purpose of
adding to said operating funds. The Board shall, as it deems proper and necessary,
provide for operating funds through any type of borrowing, either unsecured, or directly
or indirectly secured. The Board of Trustees may also designate third parties to hold
funds for specific purposes necessary to the use of the Trust Organization.
The Board of Trustees shall pay all property taxes, assessments, charges, debts, bills and
obligations arising out of the maintenance, operation and administration of the Trust
Organization and Estate. There shall be a charge upon the Estate and this charge shall be
paid out of the income therefrom. In the event and to the extent that the income may be
insufficient for such, the charge shall be paid out of the principle. Board decisions with
respect to all such matters shall be conclusive. The Board is further authorized to pay
expenses of Trustees, Officers, Executive, Trust Managers, and like persons incurred
while on Trust business.
In any matter for which doing business under the Trust name is not deemed to be legal,
the Board of Trustees is authorized to do business in the name of individual Trustees
with appropriate reference to their fiduciary capacity, provided that such does not affect
the legality of either the business done or the Trust Organization itself.
The Board of Trustees shall, at its discretion, have power in connection with the
management and control of the Trust Organization to appoint one of its Trustees, or a
qualified non Trustee, to the position of Trust Manager(s). The Trust Manager(s) shall
have full authority to manage the Trust Organization including but not limited to the
routine day-to-day operations of the Trust, subject at all times to the approval of the
Board of Trustees.
The Board of Trustees shall have the power to contract for the services of any assistants,
agents, brokers, attorneys, barristers, solicitor, clerks, aides, contractors, sub-contractors,
investment counsel, or any other as it shall deem expedient for the proper function of the
Trust Organization. The Board of Trustees shall appoint a 1st Secretary as set forth in the
Trust Indenture, and shall appoint such other officers and executives as it deems
necessary. Reasonable compensation of all Trustees, Trust Manager(s), officers,
executives or other persons, shall be fixed and paid at the discretion of the Board. All
Trustees, Trust Manager(s), officers and executives shall have the right to waive any
compensation for their services.
RESIGNATION
Any Trustee shall have the discretionary power to resign in writing from the Board of
Trustees. Any assistants, agents, brokers, attorneys, barristers, solicitors, clerks, aides,
contractors, sub-contractors, investment counsel, Trust Manager(s), or any other shall
have the discretionary power to resign in writing from the appointment or contract for
services to the Trust Organization
REMOVAL
In the event of incapacitation, death, resignation, or removal from office of any Trustee,
the Board of Trustees shall, by unanimous vote, excluding any Grantor-Trustee, either
appoint a successor Trustee, or vote to reduce the number of Trustees. Should there
remain no qualified Trustees to vote for a successor Trustee, the Beneficiaries may apply
to a court of competent jurisdiction to appoint one Trustee, who shall have the power to
appoint other Trustees. Changes of Trusteeship for any reason shall not dissolve,
terminate or impede the day-to-day operations of the Trust Organization.
The Board of Trustees shall provide for meetings at stated intervals without notice.
Special meetings may be called by one or more Trustees upon three (3) days notice,
which may be waived by any or all Trustees. A majority of all the Trustees shall
constitute a quorum for conducting business at any meeting. Participation and voting at
any meeting. Participation and voting at any meeting may be by way of telephone or
other electronic process, as well as physical presence, so long as any such voting is
followed with a writing to the non-present Trustee stating the particulars of such vote and
a copy of any minutes recorded.
LIMITED LIABILITY
The Trustees shall, in their capacity as the Board of Trustees, and not as individuals,
assume or incur only liability as shall attach to the Trust assets. This liability shall not in
any manner jeopardize their individual or personal holdings, and for any losses they
should suffer for any reason through rendering services as the Board of Trustees, they
shall be reimbursed from the Trust property to the same extent as would non-interested
persons, except for any loss sustained by reason of breach of fiduciary duty.
In accordance with the purposes of this Trust Organization, the transfer of Trust
Certificate Units is strictly limited. The lawful Holder of any units, as recorded in the
records of the Trust, may transfer, sell, exchange or give those units to any other person
or persons, provided however, that such transfer is not effective unless and until it has
been approved by unanimous consent of all Trustees, excluding any Grantor-Trustees, by
written Minute of the Board of Trustees. The transfer is effective after the old Units are
surrendered to the Board, the transfer is noted in the records of the Trust, and a new
Certificate is issued to the new Holder. Approval shall not be unreasonably withheld,
however, in accordance with the stated purposes of the Trust Organization, approval of
any transfer may be withheld if in the opinion of the Board, the transfer is an attempt to
use the Holder Units as security for a loan of any nature, or is otherwise an attempt of the
Holder to untimely anticipate a distributive share upon termination. Transfers are not
encouraged in any respect, except between family and relatives of Holders. In any
determination concerning the approval or disapproval of any contemplated transfer, the
Board of Trustees, in its discretion, may require a sworn statement from the Holder
concerning the contemplated transfer. Any determination of the Board concerning such
approval shall be final.
Any rights possessed by any Holder by reason of his holding Trust Certificate Units
terminate upon the Holder’s death. Any Holder may file a request with the Board of
Trustees naming any person or persons to who he desires his Units to be transferred
Page 10 ABC MANAGEMENT Trust By-laws
upon his death. Such requests shall be considered and approved in the same manner as
other requests for transfers, and prompt notice given the Holder for requesting of
approval or disapproval. If upon the death of any Holder there is contained in the
Minutes of the Trust an approved transfer upon death, upon receipt of the proper notice of
such death by the Board of Trustees, and other old Units, the Board shall note the transfer
in the records of the Trust and issue a new Certificate Unit(s) according to such approved
transfer. If no such approved transfer appears in the Minutes, then the Board of Trustees
shall transfer such Units, in the same manner, on a pro-rate basis among the remaining
Holders.
DISTRIBUTIONS
The Trust Estate may be subdivided into separate subordinate Trusts or shares, if such
breakdown will, at the sole discretion of the Board of Trustees, simplify administration,
avoid difficulty between Beneficiaries, or better permit the carrying out of the intent and
purpose of the Trust Indenture and Bylaws. The Board may so do without being required
to make physical segregation or division of assets in any respect or manner.
Any Beneficiary may apply to the Board of Trustees for an advance towards future
distributions of both income and principal. The Board may only consider such
applications based upon emergency circumstances relating to health, education, or
maintenance. The Board in its discretion may distribute to such Beneficiary, any sum
which the Board feels is consistent with the purposes and intent of the Trust Indenture
and Bylaws, and the rights of the other Beneficiaries. Any such distribution shall be
charges to the account of such Beneficiary, and deducted from any future distribution of
income. Should future income distributions be insufficient to cover any such advances,
the balance of such advance shall be deducted from any share of Trust assets to be
distributed to such Beneficiary upon termination. Any decision of the Board to distribute
or not to distribute, to the sum of any such advance, shall be final.
No future benefit devolving on any beneficiary under the Trust Organization terms or
settlement shall form or constitute a portion of any communal or joint estate of such
Beneficiary, but shall be and remain the sole, separate and exclusive property of such
Beneficiary.
TERMINATION
Upon the expiration of the term of this Trust, the Trust Organization shall automatically
expire. The Board shall have the continuing authority to act to wind up the affairs of the
Trust Organization, as is necessary past the date of expiration. In the event that the Trust
Indenture was recorded, a Notice of Termination shall also be recorded, and published as
necessary. The Board of Trustees shall pay all remaining obligations of the Trust
Organization, and distribute the remaining assets to the Beneficiaries in direct proportion
to the number of Trust Certificate Units held. Upon receiving receipts for the distribution
of the remaining assets to the Beneficiaries, the Trustees shall be automatically
discharged hereunder, provided that their administration and distributions have been
made in accordance with the terms and provisions of the Trust Indenture and Bylaws.
Otherwise, a court of competent jurisdiction may be called upon to review and correct
any tort or error.
RENEWAL
The Board of Trustees shall have the power to renew the Trust Organization for any
reasonable term, not to exceed the original term, if it is deemed by the Board to be in the
best interest of the Beneficiaries and none of them object. If any Beneficiary objects, the
Board may, in its discretion, distribute to that Beneficiary such portion of the Trust assets
as he would have been entitled to had the Trust terminated, and continue the Trust
Organization as to the remaining Trust Assets and Beneficiaries. In that case, the Board
shall call in all Trust Certificate Units and redistribute them to reflect the remaining
Beneficiaries interests. A resolution of any such renewal shall be entered in the Minutes
of the Trust. If the Trust Indenture has been recorded, notice of renewal shall also be
recorded, and published as necessary. Any vote concerning renewal shall take place not
more than one hundred twenty (120) days and not less than sixty (60) days from the date
the Trust is due to expire. If the Trust is renewed, it may in like manner be renewed again
before the end of any renewal term.
The Board of Trustees shall have the power to amend the Trust Indenture and/or Bylaws
to better carry out the purposes and intent thereof, or in order to conform to or comply
with any law, rule, regulation, or order of any government body, provided however that
any such amendment may not be inconsistent with the basic Trust Organization purposes
and intent, not in derogation of the fiduciary obligations to the Trust Certificate Unit
Holders.
Any Grantor-Trustee shall abstain from voting on any amendments, and the remaining
Trustees must vote unanimously for any such amendments to pass and take effect.
IN WITNESS WHEREOF, the SETTLER hereof and the FIRST TRUSTEE and
ACCEPTOR hereof in the name of the Board of Trustees, have hereunto set their hand
and seals in token of the acceptance of, assent to and covenant to abide by all conditions
herein imposed and expressed, this 1st day of June A.D., 1995.
_________________________
SETTLER:
_________________________
First Trustee:
________________________
WITNESS;
(ADDRESS)
c/o 4321 Main Street
Your Town, Your State
(MANAGER)
Print full name
_______________________________
Entered into this date by and between the SETTLER hereto and the FIRST TRUSTEE, of
in harmony with the Trust Indenture and the Trust Organization Bylaws, hereby conveys
in the Board of Trustees the following described property, and the accepted by the FIRST
TRUSTEE by and on behalf of the Board. This list of property is comprehensive, and is
the written description of those certain properties which were agreed upon and known to
both the SETTLER and the FIRST TRUSTEE at the time of the execution of the Trust
indenture, and includes all properties transferred and accepted, to wit:
REAL ESTATE
NONE
PERSONAL PROPERTY
IN WITNESS WHEREOF, we have hereunto set our hands and seals, on this 1st day of
June , 1995 .
WITNESS: (ADDRESS)
Print Full Name 4321 Main Street
Your Town, Your State
Dear Sirs:
I am writing this letter as my statement of record which is in accordance with the Trust
Indenture and the Trust Bylaws of
I would appreciate and am thanking you for your immediate attention to this matter.
Respectfully Yours,
Date
SETTLER:
With all of the Board of Trustees in attendance, the following Minutes were duly adopted
and approved by unanimous consent as Minutes of the First Meeting of the Board of
Trustees:
MINUTE NUMBER 1
In accordance with the Trust Indenture and the Trust Organization Bylaws executed this
date by and between the SETTLER hereof and the FIRST Trustee, the following
described property is hereby conveyed unto the Board of Trustees:
The full list of described property is attached to the Trust Organizational documents as
page ______ entitled SCHEDULE A, and signed by the SETTLER and FIRST
TRUSTEE. Said Schedule A is accepted and ratified as being the true and correct list of
all properties conveyed to and held by the Board of Trustees as of this date.
MINUTE NUMBER 2:
In accordance with the Trust Indenture and the Trust Organization Bylaws executed this
date by and between the SETTLER thereof and the FIRST Trustee, the Board of Trustees
acknowledges the written instructions of the SETTLER concerning the issuance of the
Trust Certificate Units and acknowledges the issuance of 100 Trust Certificate Units in
the following manner, according to the wishes of the SETTLER, to wit:
MINUTE NUMBER 3:
The Board of Trustees appoints (MANAGER), to be the First Secretary of the Board of
Trustees. The First Secretary shall serve as the Protector of the interests of the
Beneficiary(ies) according to the Trust Indenture and the Trust Bylaws. The First
Secretary shall have the power to attest to the correctness of: original Minutes, copies of
original Minutes, Resolutions and Records, as well as the Trust Indenture and Bylaws.
According to the dictates of united States Supreme Court in the case of Boyd v.U.S., 166
US 618(1886) and the case of Silverthorn v. U.S. 251 385 (1920); the Board of Trustees
hereby declares all Minutes of this Trust to be private and inviolable, and therefore are
not to be loaned, read, or disclosed to anyone at anytime, unless it is determined by
unanimous consent of the Board that disclosure of a particular Minute would be in the
best interest of the Trust Organization. The dictates alluded to above are as follows:
“Any compulsory discovery by extorting the party’s oath, or compelling the production
of his private books and papers, to convict him of a crime, or to forfeit his property, is
contrary to the principles of a free government. It is abhorrent to the instincts of an
Englishmen; it is abhorrent to the instincts of an American. It may suit the purposes of
despotic power, but it cannot be pure atmosphere of political liberty and personal
freedom.”
MINUTE NUMBER 5:
The Board of Trustees declare the fiscal year of the Trust Organization to be the calendar
year. The Board shall have the power to change such fiscal year by subsequent Minute if
it is determined to be in the best interest of the Trust Organization to do so.
MINUTE NUMBER 6:
The Board of Trustees hereby authorizes application to the Internal Revenue Service for
the Trust’s Bank Identification Number on IRS Form SS-4.
MINUTE NUMBER 7:
Until changed by future Minute, the annual meeting of the Board of Trustees of:
MINUTE NUMBER 8:
Special meetings called in accordance with the Bylaws may be held at any time and/or
any place in the best interest of the Trust Organization.
MINUTE NUMBER 9:
Should any Trustee vote against any measure being passed upon by the Board of
Trustees, and such measure pass in spite of such negative vote, said Trustee shall, when
the Minute evidencing such measure is signed, sign their name thereto with the following
beside it; “Dissents to Minute Number “22.”, with the appropriate minute number filled
in.
Any such death, resignation, or removal from office of any Trustee shall be noted in the
Minutes of the Trust Organization, along with the decision of the Board to either fill the
vacancy so created, or to reduce the number of Trustees. Should the Board vote to fill
such vacancy, the Successor Trustee shall be immediately notified by Certified Mail of
their conditional appointment shall be by special meeting called for such purpose and
with an appropriate Minute signed by the accepting Trustee. Upon the appointment of
any new Trustee to the Board of Trustees, the Board shall in this same manner nominate a
Successor Trustee for such new Trustees.
The First Secretary is hereby authorized to notify in writing any Successor Trustee of
their possible appointment to the Board of Trustees, and solicit from them a reply as to
how they would respond should they indeed be appointed, and to place any such
responses in the Records of the Trust Organization.
Any nominations made hereby, and any further nominations made may be changed by
appropriate Minute.
The Board may in its discretion, by appropriate Minute, allow for the pre-acceptance of
the position of Trustee by any Successor Trustee. The effect of any such pre-acceptance
shall be to make the appointment of such Successor Trustee automatic upon receipt by
such Successor Trustee of written notice of the death, resignation, or removal from office
of the Trustee they are named to succeed. No further action of the Board of Trustees
shall then be necessary to enable such Trustee to exercise the full powers of Trustee of
this Trust Organization. However, an appropriate Minute shall be made reflecting that
such has taken place as soon hereafter as conveniently possible.
Sue Doe , as General Trust Manager, and vest the Trust Manager(s) with full authority to
execute the business affairs of:
Trust
c/o4321 Main Street
Your Town, Your State
June 1st , 1995
and vest the Trust Manager(s) with full authority to execute the business affairs of:
ABC Management Trust,
and to see to the proper maintenance and upkeep of the assets.?
These duties include but are not limited to the day-to-day operations of the Trust
Organization, WITH FULL AUTHORITY. This single page is A COPY of a quote from
MINUTE NUMBER 14 and may be used by the General Trust Manager(s) when deemed
necessary and this single page, being unanimously accepted by the Board of Trustees as a
LETTER OF INSTRUCTION AND INTRODUCTION, becomes part of the official
record of the Trust Organization labeled MINUTE NUMBER 17. There being no further
business, a motion duly made, seconded and carried, the meeting was adjourned.