Charitable Trust Agreement

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This Charitable Trust Agreement is for a trust whose sole purpose is to support charitable works. This agreement sets out all relevant terms including restrictions of use of the trust.

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This Charitable Trust Agreement is for a trust whose sole purpose is to support charitable works. This agreement sets out the names of the trustor(s) and the property which is the subject of the trust. It also sets out the specific duties of the trustees and any restrictions of use of the charitable trust. A written Charitable Trust Agreement will ensure that your wishes regarding allocation and application of the trust funds are carried out.

This Charitable Trust Agreement contains:
  • Purpose: Sets forth the specific purpose for which the trust was created;
  • Trustor/Funds: Name of the trustor and the property (contained in Exhibit A) which is delivered to the trust fund;
  • Name of Trust: The specific name of the trust which can only be changed by amendment;
  • Advertise and Inform: Trustees have the right to further the trust by advertising or marketing through established media or other means;
  • Restrictions on Use: The trust shall be used only for the development of projects and not for a private person, corporation or political party;
  • Trust Decisions: Any action by a trustee must be made in writing and signed by a majority of the trustees;
  • Signatures: This trust agreement must be signed by the trustor and all trustees.

Protect your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Charitable Trust Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Charitable Trust Agreement

 

 

The purpose for creating this trust is to pursue the following objects: ______________ [list objects].
I, _________________________, Trustor, create the funds of the trust of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to _______________________ (“Trust Fund”).
I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust (“Trustee/s”) for the benefit of the trust.
The name of this trust shall be the _____________ (“Trust”) or such other name as the Trustees may, by amendment to this agreement determine from time to time.
Trustor and Trustee, hereby agree as follows:
1.   OFFICE OF THE TRUST
The registered office of the Trust shall be situated at such place as determined by the Trustees from time to time.
2.   TRANSFER OF CORPUS
Trustor hereby gives and transfers to Trustees the property described in the attached schedule together with its income and profits and any other sums that may be added to it by way of capital or income, to Trustees or their successors pursuant to the terms of this agreement, to hold in trust for the objects set forth in this agreement.
3.   ADVERTISE AND INFORM
The Trustees shall have the power to make known and further the objects of the Trust by advertising the manner in which the Trust Fund, or any part of it, has been, is being or will be applied, through established media and by advertising in any medium. The Trustees may also disseminate information of any nature relating to the Trust by written publication or otherwise.
4.   INVESTMENT AND APPLICATION OF TRUST FUND AND INCOME
The Trustees declare that they shall hold the Trust Fund and, in their discretion, invest it or parts of it in securities in which Trustees are permitted to invest under applicable laws.  The Trustees from time to time in their own discretion may invest the income to the charitable uses and purposes described above solely by means of contributions to any charitable corporation, trust, community chest, fund, or foundation which at the time of the contribution by the Trustees is one of those organizations described in the IRS Code of the United States, contributions to which are deductible for income tax purposes.
Trustees shall make distributions at such times and in a manner as not to subject the trust to tax and shall not act in any self-dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor make any taxable expenditure, which would subject the trust or corporate trustee to tax under Section 4945 of the Internal Revenue Code.
5.   RESTRICTIONS ON USE OF TRUST FUND
The Trust Fund and the income of the Trust Fund shall be used only for the promotion and advancement and development of the objects described above and shall not be used to benefit or inure any private person or corporation, except for the corporate trustee. No part of this Trust shall be used for political purposes.
6.   ADDITIONAL GIFTS TO FUND
The Trustees shall have the power to collect funds and raise money by all lawful means (including by gaming machines) and receive, accept, encourage and enlist financial and other contributions, subscriptions, sponsorships, donations, legacies, endowments or bequests from any source that may contribute to the Trust corpus money or property to the Trust, subject to the approval of the Trustees. The Trustees may also conduct fund raising campaigns in order to further the exclusively charitable objects of the Trust.
7.   ADMINISTRATION OF THE TRUST
The Trust shall be governed by a Board of Trustees comprising the Trustees for the time being of the Trust.
No person shall be appointed or remain in office as a Trustee who is a paid employee of the Trust or a paid employee of any council, trust or other organization which provides funds to the Trust.
8.   TRUSTEES ACTIONS
The Trustees shall not be responsible for any error or decision which is absent of bad faith.
9.   TRUSTEES COMPENSATION
The corporate trustee shall be reimbursed from time to time as decided by the Trustor and be paid by the Trust. All expenses incurred through the administration of the Trust Fund shall be paid by the Trustor. The individual Trustees shall serve without compensation.
 
10.   DECISIONS OF THE TRUST
Any action by the Trustees must be in writing and signed by a majority of the Trustees and shall be filed with the corporate trustee.
11.   CONTROL OF FUNDS
The corporate trustee shall have exclusive custody of the securities, cash, and other property of the Trust Fund.
12.   SUCESSION OF TRUSTEES
In the case of a death or resignation of one of the Trustees, the successor shall be appointed by the remaining Trustees. The remaining Trustees shall have full power to act under this agreement until a new Trustee is appointed.
13.   GIFTS IRREVOCABLE
Gifts made into the trust under this agreement shall be irrevocable. If it is determined that this trust is not tax exempt after making contributions or gifts in the manner and to the extent provided by the Internal Revenue Code, then such gifts as remain in the fund shall be given to a qualified tax exempt charitable organization selected by trustees to best carry out the purpose of this trust. This trust shall thereupon terminate.
14.   GOVERNING LAW
The Trust shall be governed by and construed in accordance with the laws of ____________.
 
_____________________________TRUSTOR
_____________________________TRUSTEE
 
 
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43620
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Charitable Trust Agreement

 

 

The purpose for creating this trust is to pursue the following objects: ______________ [list objects].
I, _________________________, Trustor, create the funds of the trust of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to _______________________ (“Trust Fund”).
I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust (“Trustee/s”) for the benefit of the trust.
The name of this trust shall be the _____________ (“Trust”) or such other name as the Trustees may, by amendment to this agreement determine from time to time.
Trustor and Trustee, hereby agree as follows:
1.   OFFICE OF THE TRUST
The registered office of the Trust shall be situated at such place as determined by the Trustees from time to time.
2.   TRANSFER OF CORPUS
Trustor hereby gives and transfers to Trustees the property described in the attached schedule together with its income and profits and any other sums that may be added to it by way of capital or income, to Trustees or their successors pursuant to the terms of this agreement, to hold in trust for the objects set forth in this agreement.
3.   ADVERTISE AND INFORM
The Trustees shall have the power to make known and further the objects of the Trust by advertising the manner in which the Trust Fund, or any part of it, has been, is being or will be applied, through established media and by advertising in any medium. The Trustees may also disseminate information of any nature relating to the Trust by written publication or otherwise.
4.   INVESTMENT AND APPLICATION OF TRUST FUND AND INCOME
The Trustees declare that they shall hold the Trust Fund and, in their discretion, invest it or parts of it in securities in which Trustees are permitted to invest under applicable laws.  The Trustees from time to time in their own discretion may invest the income to the charitable uses and purposes described above solely by means of contributions to any charitable corporation, trust, community chest, fund, or foundation which at the time of the contribution by the Trustees is one of those organizations described in the IRS Code of the United States, contributions to which are deductible for income tax purposes.
Trustees shall make distributions at such times and in a manner as not to subject the trust to tax and shall not act in any self-dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor make any taxable expenditure, which would subject the trust or corporate trustee to tax under Section 4945 of the Internal Revenue Code.
5.   RESTRICTIONS ON USE OF TRUST FUND
The Trust Fund and the income of the Trust Fund shall be used only for the promotion and advancement and development of the objects described above and shall not be used to benefit or inure any private person or corporation, except for the corporate trustee. No part of this Trust shall be used for political purposes.
6.   ADDITIONAL GIFTS TO FUND
The Trustees shall have the power to collect funds and raise money by all lawful means (including by gaming machines) and receive, accept, encourage and enlist financial and other contributions, subscriptions, sponsorships, donations, legacies, endowments or bequests from any source that may contribute to the Trust corpus money or property to the Trust, subject to the approval of the Trustees. The Trustees may also conduct fund raising campaigns in order to further the exclusively charitable objects of the Trust.
7.   ADMINISTRATION OF THE TRUST
The Trust shall be governed by a Board of Trustees comprising the Trustees for the time being of the Trust.
No person shall be appointed or remain in office as a Trustee who is a paid employee of the Trust or a paid employee of any council, trust or other organization which provides funds to the Trust.
8.   TRUSTEES ACTIONS
The Trustees shall not be responsible for any error or decision which is absent of bad faith.
9.   TRUSTEES COMPENSATION
The corporate trustee shall be reimbursed from time to time as decided by the Trustor and be paid by the Trust. All expenses incurred through the administration of the Trust Fund shall be paid by the Trustor. The individual Trustees shall serve without compensation.
 
10.   DECISIONS OF THE TRUST
Any action by the Trustees must be in writing and signed by a majority of the Trustees and shall be filed with the corporate trustee.
11.   CONTROL OF FUNDS
The corporate trustee shall have exclusive custody of the securities, cash, and other property of the Trust Fund.
12.   SUCESSION OF TRUSTEES
In the case of a death or resignation of one of the Trustees, the successor shall be appointed by the remaining Trustees. The remaining Trustees shall have full power to act under this agreement until a new Trustee is appointed.
13.   GIFTS IRREVOCABLE
Gifts made into the trust under this agreement shall be irrevocable. If it is determined that this trust is not tax exempt after making contributions or gifts in the manner and to the extent provided by the Internal Revenue Code, then such gifts as remain in the fund shall be given to a qualified tax exempt charitable organization selected by trustees to best carry out the purpose of this trust. This trust shall thereupon terminate.
14.   GOVERNING LAW
The Trust shall be governed by and construed in accordance with the laws of ____________.
 
_____________________________TRUSTOR
_____________________________TRUSTEE
 
 

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