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The term "incentive trust" is sometimes used to distinguish trusts that provide fixed conditions for access to trust funds from discretionary trusts that leave such decisions up to the trustee. Inter vivos trust (or 'living trust'): A settlor who is living at the time the trust is established creates an inter vivos trust.
The Uniform Trust Code presumes that trustees will be held to the same standard as that adopted by the Uniform Law Commissioners in the Prudent Investor Act [UPIA]. A trustee must invest and manage trust assets as a "prudent investor" would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. [40]
The Board of Trustees of the Trust Funds is composed of six members: [1] [2] [11] Secretary of the Treasury (the Managing Trustee), Secretary of Labor, Secretary of Health and Human Services, Commissioner of Social Security, and; Two members appointed by the President and confirmed by the Senate for a term of four years. These may not be ...
Chart of a trust. Trustees [2] have certain duties (some of which are fiduciary). These include the duty to: Carry out the expressed terms of the trust instrument. [3] Trustees are bound to act in accordance with the terms of the trusts upon which the trustee holds trust property, and commit a breach of trust by departing from the terms of the ...
beneficiaries under a bare trust (including a constructive or resulting trust), to whom the trustee owes basic duties arising by law; and; beneficiaries under an express trust (either an inter vivos trust or a testamentary trust), where the trustee owes additional duties and has additional powers specified by the trust instrument.
Collective trusts are commonly used for defined benefit plans and, when daily valuation is possible, for defined contribution plans.Collective trusts generally are excluded from the definition of an “investment company” under Section 3(c)(11) of the Investment Company Act of 1940, and interests in these funds are generally exempt from registration under Section 3(a)(2) of the Securities ...
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