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Aug 6th, 2022
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How to Share Liquidating Trust Agreement

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welcome back everybody i am your host as always gary winter this is our next video in our trust 101 series for trustees and beneficiaries of trust and welcome to the first video in phase two which is liquidating assets and paying bills for those of you who havent seen our previous videos in phase one i encourage you to go back and check those out we have a whole series on getting installed as a trustee notifying beneficiaries sending notices out and collecting different types of assets and eventually getting them all appraised so if youre at that point in the process and youre a trustee congratulations youve finished phase one welcome to phase two and today in this video were going to be talking about liquidating assets uh liquidating meaning a fancy word for selling stuff and so in in our video today i want to give you some things to think about number one uh does the will or trust even authorize the sale of of the asset number two do we even need to sell the asset to generate c

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Technically, a trust cannot own shares in a company as it is not a separate legal entity.
A trust can be used to run a business. But because it is not a legal entity, the trustee undertakes the business activities on behalf of the trust.
Trustees can own many types of property, including liquid cash and property. A trustee can own company shares for the benefit of beneficiaries.
Since a trust is not a legal entity it cannot directly own shares in a company. The trustee(s) of the trust must be listed as the owner of the shares for the benefit of the trust.
Since a trust is not a legal entity it cannot directly own shares in a company. The trustee(s) of the trust must be listed as the owner of the shares for the benefit of the trust.
However, shares can be registered in the name of a trust or co-operative society, if it is registered. Hence, a registered trust or co-operative society can become a shareholder in a company.
In particular, the Act expressly prohibits companies from owning shares in themselves. This can arise in instances where a trustee company is incorrectly established with the trust (for which it is trustee) owning some or all of the shares.
The shareholder of the shares will be the trustee as trustee for the trust. This is because a trustee holds assets on behalf of the trust.
Shares in companies can be held on trust in the same way as real property, and the same legal principles broadly govern each. In this scenario, a declaration of trust in respect of the two adult beneficiaries and a separate declaration for the minor beneficiary, have been put in place.
The purpose of a liquidating trust is to: Collect and hold assets and claims of the debtor as specified in the bankruptcy plan. Liquidate the trust assets. Resolve disputed claims.

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