Chapter 88A - Business Trusts
- ANNUAL LIST; DEFAULTING TRUSTS
- 88A.600 - Filing requirements; fee; notice.
- 88A.610 - Certificate of authorization to transact business.
- 88A.620 - Addresses of trustees required; failure to file.
- 88A.630 - Defaulting trusts: Identification; penalty.
- 88A.640 - Defaulting trusts: Duties of Secretary of State; forfeiture of right to transact business; assets held in trust.
- 88A.650 - Defaulting trusts: Conditions and procedure for reinstatement.
- 88A.660 - Defaulting trusts: Reinstatement under old or new name.
- APPLICABILITY
- FOREIGN BUSINESS TRUSTS
- 88A.700 - Laws governing organization, internal affairs and liability of beneficial owners, trustees, officers, employees and managers.
- 88A.710 - Filing requirements; required provisions of application for registration.
- 88A.720 - Issuance of certificate of registration by Secretary of State.
- 88A.730 - Registration of name.
- 88A.732 - Annual list: Filing requirements; fees; powers and duties of Secretary of State.
- 88A.733 - Certificate of authorization to transact business.
- 88A.734 - Addresses of trustees required; failure to file.
- 88A.7345 - List or statement to be maintained at registered office; requirement to assist in criminal investigation; failure to comply; regulations.
- 88A.735 - Defaulting trusts: Identification; forfeiture of right to transact business; penalty.
- 88A.736 - Defaulting trusts: Duties of Secretary of State.
- 88A.737 - Defaulting trusts: Conditions and procedure for reinstatement.
- 88A.738 - Defaulting trusts: Reinstatement under old or new name; regulations.
- 88A.740 - Cancellation of registration.
- 88A.750 - Penalty for transacting business without registration; enforcement; regulations.
- FORMATION
- 88A.200 - Purpose.
- 88A.210 - Filing requirements; required and optional provisions of certificate of trust.
- 88A.215 - Penalty for purporting to do business as business trust without filing certificate of trust; enforcement; regulations.
- 88A.220 - Amendment and restatement of certificate of trust.
- 88A.230 - Name of trust: Distinguishable name required; availability of name of revoked, merged or otherwise terminated trust; regulations.
- 88A.240 - Name of trust: Reservation; injunctive relief.
- 88A.250 - Effect of filing certificate of amendment, restatement or cancellation or of filing articles of merger.
- 88A.260 - Perpetual existence of trust; artificial person formed pursuant to other laws who is beneficial owner or trustee; inapplicability of certain laws.
- 88A.270 - Governing instrument: Optional provisions.
- 88A.280 - Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.
- GENERAL PROVISIONS
- 88A.010 - Definitions.
- 88A.020 - “Beneficial owner” defined.
- 88A.030 - “Business trust” defined.
- 88A.040 - “Foreign business trust” defined.
- 88A.050 - “Governing instrument” defined.
- 88A.055 - “Record” defined.
- 88A.057 - Registered agent” defined.
- 88A.060 - “Registered office” defined.
- 88A.080 - “Sign” defined.
- 88A.090 - “Signature” defined.
- 88A.100 - “Street address” defined.
- MISCELLANEOUS PROVISIONS
- 88A.890 - Form required for filing of records.
- 88A.900 - Fees.
- 88A.910 - Manner in which record may be filed.
- 88A.920 - Procedure to submit replacement page to Secretary of State before actual filing of record.
- 88A.930 - Correction of inaccurate or defective record filed with Secretary of State; cancellation of filings.
- OPERATION
- 88A.300 - General powers.
- 88A.310 - Management of business and affairs by trustees; giving directions to trustees.
- 88A.320 - Ownership of beneficial interest in trust: Participation in profits and losses; creditor of beneficial owner; personal property; evidence of interest; transferability; distributions.
- 88A.330 - Beneficial owners: Contributions to trust; obligations; penalties.
- 88A.340 - Maintenance of records at registered office.
- 88A.345 - Information concerning records; requirement to assist in criminal investigation; failure to comply; regulations.
- 88A.350 - Right of beneficial owners to inspect and copy ledger; denial of inspection.
- 88A.360 - Duties and liabilities of trustee.
- 88A.370 - Duties and liabilities of officer, employee, manager or other person acting pursuant to certificate of trust or governing instrument.
- 88A.380 - Enforceability of debts, liabilities, obligations and expenses against assets of series of trustees, beneficial owners or beneficial interests.
- 88A.390 - Liability of beneficial owner, trustee, officer, agent, manager or employee for debts or liabilities of trust.
- 88A.400 - Indemnification of trustee, beneficial owner or other person.
- 88A.410 - Derivative actions: Authority of beneficial owner to bring action; qualifications of plaintiff; pleading; expenses.
- 88A.420 - Cancellation of certificate of trust upon termination of trust.
- REGISTERED AGENT