reesLegalForms.com

Agreement and Declaration of an Unincorporated Real Estate Business Trust

A real estate investment trust, also know as a REIT, is a company that owns, and in most cases, operates income-producing real estate. Some real estate investment trusts finance real estate. An unincorporated business trust is an organization created and managed by trustees for the benefit and profit of persons who hold or may acquire transferable trust certificates. Trust certificates are similar to stock certificates of a corporation; trust certificates provide individual holders evidence of interest in the trust estate.

An unincorporated business trust is created when one or more persons transfer the legal title in property to trustees, with power vested in the latter to manage and control the property and business and to pay the profits of the enterprise to the creators of the trust or their successors. The U.S. Supreme Court has defined such a trust as a form of business organization, common in Massachusetts consisting essentially of an arrangement whereby property is conveyed to trustees in accordance with terms of the Trust. The business is to be held and managed for the benefit of persons who hold transferable certificates issued by the trustees showing the shares into which the beneficial interest in the property is divided.

(more...)


Download: Agreement and Declaration of an Unincorporated Real Estate Business Trust

Available from: USLegalForms.com

SKU: US-01846BG

NOTICE: The information and links contained on this web page are intended only to be merely informative and are NOT intended to provide legal advice to any person/entity. Consult with and seek the advice of a qualified lawyer. E.&O.E. Click here for important legal disclaimer.