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Uniform Trust Law, and Code

Updated: Jan 7



It is all in trust.


In some way, or fashion, you trust in something. To every trust relationship you ever enter into, there are some form of unique laws or boundaries that exist within.


There is a system of laws and codes that are, encompassing this realm. It is called the Uniform Trust Code.

This is where you can download the updated .pdf of the Uniform Trust Code.




28 United States Code subsection 3002 15 (A) recognizes the UNITED STATES as a Federal Corporation.


The United States (Federal Corporation) has their listed trust code here in 26 U.S.C. Part 1 titled Estates, Trust, and Beneficiaries.



The UNITED STATES has Trustees. Here is a small example list of the United States trustees:


28 U.S. Code § 581 - United States trustees


(a)The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451):

(5)

The judicial districts established for the States of Louisiana and Mississippi.

(12)

The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota.

(21)

The judicial districts established for the States of Alabama, Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States.

(b)

Each United States trustee shall be appointed for a term of five years. On the expiration of his term, a United States trustee shall continue to perform the duties of his office until his successor is appointed and qualifies.

(c)

Each United States trustee is subject to removal by the Attorney General.



There exists a U.S. Trustee System Fund


28 U.S. Code § 589a - United States Trustee System Fund https://www.law.cornell.edu/uscode/text/28/589a



This is important to keep in mind, as the trust system is a system still in use today, and by the very countries that have many dependents. The United States is also able to act as Trustee in special affairs.

Acting in a fiduciary capacity, and in trusteeship through the public trust doctrine, we gain a deeper comprehension as to how these persons are operating and using trust code / law. Uniform Trust Code is important to keep in mind while operating in commerce and in life as Grantor for any trusts you create.



The public trust doctrine is found here:


It is a "legal principle establishing that certain natural and cultural resources are preserved for public use. Natural resources held in trust can include navigable waters, wildlife, or land. The public is considered the owner of the resources, and the government protects and maintains these resources for the public's use."


A doctrine in law is "single important rule, a set of rules, a theory, or a principle that is widely followed in a field of law. It is formed via the continuous application of legal precedents. Calling something a doctrine usually means at least one of two things: that it is very important to a field of law, or that it provides a comprehensive way to resolve a certain type of legal dispute." https://www.law.cornell.edu/wex/doctrine





Now take a moment and apply your life and your trust instrument in this manner, where you are taking care of the beneficiaries and building a legacy for the generations after you. Assuming your will aligns with the most highest will in existence, you will be able to understand how to managing your trust is your full-time occupation. This is why your trust employs you, and you are the Grantor of your trust.


The Grantor has administrative duties and powers.



26 U.S. Code § 675 - Administrative powers


The grantor shall be treated as the owner of any portion of a trust in respect of which—

(1)Power to deal for less than adequate and full consideration

(2)Power to borrow without adequate interest or security

(3)Borrowing of the trust funds

(4)General powers of administration

A power of administration is exercisable in a nonfiduciary capacity by any person without the approval or consent of any person in a fiduciary capacity. For purposes of this paragraph, the term “power of administration” means any one or more of the following powers: (A) a power to vote or direct the voting of stock or other securities of a corporation in which the holdings of the grantor and the trust are significant from the viewpoint of voting control; (B) a power to control the investment of the trust funds either by directing investments or reinvestments, or by vetoing proposed investments or reinvestments, to the extent that the trust funds consist of stocks or securities of corporations in which the holdings of the grantor and the trust are significant from the viewpoint of voting control; or (C) a power to reacquire the trust corpus by substituting other property of an equivalent value.



Circling back to the Uniform Trust Code

"The Uniform Trust Code, while comprehensive, applies only to express trusts. Excluded from the Code’s coverage are resulting and constructive trusts, which are not express trusts but remedial devices imposed by law"


As trustee, or grantor, you also have a duty to administer the trust in the benefit of the beneficiaries. This .pdf states that the "“Beneficiary” (paragraph (3)) refers only to a beneficiary of a trust as defined in the Uniform Trust Code. In addition to living and ascertained individuals, beneficiaries may be unborn or unascertained."


Remember, each State, and country has a set of Trust law or code.


  • The Peoples Republic of China


"Article 3 This Law applies to the trustor, trustee and beneficiary (hereinafter referred to in general as parties to a trust) conducting civil, business or public trust activities within the boundaries of the People's Republic of China."


  • Nigeria



  • Ethiopia



Ethiopian Civil Law 567 Trusts Amharic.pdf



  • Russia


  • South Korea



  • Mexico


  • State of Florida

Chapter 736 is the Florida Trust Code which goes into great detail of the powers of the Trustee, administrative duties, and the type of trust that one can possibly be operating through.



These are some examples that show how the uniformity of trust code/ law, is becoming as the format of operation.


Part of creating your legacy, is the foundation and proper management. Know that there are ways to protect your assets and original work. In your trust you can protect your work you pass on to the next generation, this is your private property.


Before ending this article, let us look at what they recognize as private property, and intellectual property.


Private property "refers to the ownership of property by private parties - essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent, trademark, and trade secrets). The transfer of a private property commonly takes place by the owner's consent or through a sale or as a gift."


Whereas

Intellectual property "(I.P. or IP) is a type of property encompassing the products of original human thought."



Here is a guide for helping a Trustee in their duties:





It is all in trust.






***END OF ARTICLE***

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