This is a certificate of trust for filing evidence of a trust without having to record the entire trust document. The corporate trustee may present a certification of trust to
any person in lieu of providing a copy of the trust instrument to establish
the existence or terms of the trust. A certification of trust may be executed
by the trustee voluntarily or at the request of the person with whom the
trustee is dealing.
Delaware Certificate of Trust by Corporation
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What is a Delaware statutory trust and why use it? A DST is an ownership model through a separate legal entity that allows co-investment among sponsors and accredited investors to purchase beneficial interest into either a single asset or across a portfolio of properties.
Unless otherwise provided in the governing instrument of a statutory trust, such delegation by a trustee of a statutory trust shall be irrevocable if it states that it is irrevocable.
Depending on the context, a Delaware statutory trust can be outfitted as a corporation or partnership for tax purposes, or designed not to be a business entity at all, where instead the beneficial owners' interests are treated as grantor trusts.
The Delaware Statutory Trust (DST), however, is a statutory entity, created by filing a Certificate of Trust with the Delaware Division of Corporations, and governed by Chapter 38, Part V, Title 12 of the annotated Delaware Code (See 12 ? 3801 through 3862).
A Delaware statutory trust is an independent legal entity created under the provisions of the Delaware Statutory Trust Act, 12 Del.
Purchasing a Security From a DST Sponsor. The DST Sponsor, or affiliate of the Sponsor, is the Trustee of the DST. 1031 Exchange. Investors can buy into a DST through a 1031 exchange. DST Secondary Marketplace.
A DST is easy to form and maintain. The DST Act does require that the trust have a Delaware resident trustee, but business decisions and management of the trust may be (and in the context of a structured finance transaction, typically are) delegated to out of state co-trustees and managers.
A Delaware statutory trust (DST) is a legally recognized trust that is set up for the purpose of business, but not necessarily in the U.S. state of Delaware. It may also be referred to as an Unincorporated Business Trust or UBO.