sexta-feira, 31 de agosto de 2012
Trustee
Person
or organization (such
as a trust company)
named in trust agreement
by the trustor or a court (the first party) as a trusted third party to
nominally own, and protect and handle, trust-property for the benefit of one or more beneficiaries (the second
party) in accordance with the terms of the trust agreement. He or
she is usually charged with investing
trust property
prudently and productively, and (unless specifically prohibited) can lease, mortgage, or sell it if deemed necessary in fulfillment of the trust's objectives. A trustee can
be removed and replaced on court orders but, after accepting
trusteeship, he or she may not delegate, renounce, or resign his or her responsibility unless an
acceptable successor consents as being the replacement. The capacity to be a trustee
exists only where there is a capacity to hold or take property, therefore a minor or a person of
unsound mind is not acceptable as a trustee. The maker of a trust
(trustor) may also be its trustee and/or its beneficiary, but a sole
trustee cannot be a sole beneficiary. Although a trustee is legally barred from
benefiting from the trusteeship, usually a compensation is allowed in the trust
agreement. But he or she cannot commingle personal funds that of the trust
and cannot enter into any transaction
with the trust. Otherwise the statute of frauds is
applied and the fairness or the good-faith nature of the
transaction is generally not accepted as a defense. A trustee may also have reporting requirements on
the activities and status of the trust and
all correspondence regarding the assets is directed to the trustee.
He or she is discharged of the duties of the trusteeship
only when the intention or the purpose of the trust is fulfilled.
Nonprofit Organization (NPO)
Associations,
charities, cooperatives,
and other voluntary
organizations formed to further cultural, educational, religious, professional, or public service objectives. Their startup funding is provided by
their members, trustees, or others who
do not expect repayment, and who do not share in the organization's profits or losses which are
retained or absorbed. Approved, incorporated, or registered NPOs are usually granted tax exemptions, and contributions to them are
often tax deductible.
Most non governmental
organizations (NGOs) are NPOs.
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