Sentences with phrase «benaim declaration of trust»

CCGG Executive Director quoted in the Financial Post with regard to CCGG's release of its model declaration of trust provisions

Governance of Canadian REITs and Other Public Income Trusts: Model Declaration of Trust Provisions

May 28, 2015 - CCGG's Executive Director Stephen Erlichman was quoted in the Financial Post with regard to RioCan REIT's proposed declaration of trust amendments to improve its governance.

The Funds are available for investment only by eligible retirement plans and entities as more fully described in the Funds» Declaration of Trust.

Participation in the Funds is governed by the Schwab Bank Collective Trust Funds Declaration of Trust and the terms of the Schwab Bank Collective Trust Funds Participation Agreement.

Efimova claimed that the file for Egrant's Pilatus bank account contained two declarations of trust dated August 20, 2015, which said that Egrant's ultimate owner was Michelle Muscat, the wife of Malta's Prime Minister.

The advantage of the latter approach is that the proceeds will be paid into the trust, so the trustee will be able to handle distribution according to the terms set forth in the declaration of trust.

You can do this by executing a caveat, or creating an instrument or declaration of trust to enable the fund to assert its ownership.

The CITs» assets are invested in other pooled investment products, which according to the Declaration of Trust can be mutual funds, CITs, andannuity separate accounts, among other options.

The complaint notes that the defendants acknowledged in both the Declaration of Trust and sales literature for the Principal CITs they were all fiduciaries with respect to the management of the Principal CITs, and their fiduciary duties included the selection and monitoring of investment options and investment managers.

Through the end of 2017, the fees of each Principal CIT consisted of four components: a trustee fee of.04 %, set by the Declaration of Trust; operating expenses, which are deducted from the trust; the service fee, which varies based upon the share class selected in the participation agreement, and ranges from 0 bps to 110 bps; and the «fees charged by the underlying investments in the Principal CIT.»

The Funds are available for investment only by eligible retirement plans and entities as more fully described in the Funds» Declaration of Trust.

November 23, 2015 - CCGG's Executive Director Stephen Erlichman was quoted in the Financial Post relating to the governance of Canadian REITs and other public income trusts in connection with CCGG's release of its model declaration of trust provisions.

CCGG Executive Director quoted in the Financial Post with regard to CCGG's release of its model declaration of trust provisions

May 28, 2015 - CCGG's Executive Director Stephen Erlichman was quoted in the Financial Post with regard to RioCan REIT's proposed declaration of trust amendments to improve its governance.

Under the Trust's Agreement and Declaration of Trust and By - Laws, the Chairman of the Board is responsible for (a) presiding at board meetings, (b) calling special meetings on an as - needed basis, (c) execution and administration of Trust policies including (i) setting the agendas for board meetings and (ii) providing information to board members in advance of each board meeting and between board meetings.

None other than in the Declaration of Trust and By - Laws of the Registrant.

Under the Trust's Agreement and Declaration of Trust, each Trustee will continue in office until the termination of the Trust or his / her earlier death, incapacity, resignation or removal.

Reference is made to Article VIII of the Registrant's Agreement and Declaration of Trust Instrument which is included, Section 8 of the Underwriting Agreement, Section 7 of the Custody Agreement, and Section 4 of the Fund Services Agreement.

Article VIII of Registrant's Amended and Restated Agreement and Declaration of Trust (Exhibit (a) hereto, which is incorporated by reference) provides in effect that Registrant will indemnify its officers and trustees against all liabilities and expenses, including but not limited to amounts paid in satisfaction of judgments, in compromise, or as fines and penalties, and counsel fees reasonably incurred by any such officer or trustee in connection with the defense or disposition of any action, suit, or other proceeding.

The bylaws of the Trust provide that a majority of shares entitled to vote shall be a quorum for the transaction of business at a shareholders» meeting, except that where any provision of law, or of the Declaration of Trust or of the bylaws permits or requires that (1) holders of any series shall vote as a series, then a majority of the aggregate number of shares of that series entitled to vote shall be necessary to constitute a quorum for the transaction of business by that series, or (2) holders of any class shall vote as a

As more fully described in the Declaration of Trust, the trustees may each year, or more frequently, distribute to the shareholders of each series accrued income less accrued expenses and any net realized capital gains less accrued expenses.

The same is true for deeds or declarations of trust.

There are several instances when such a restriction may be required to protect a number of interests, for example, where you are acting as a Deputy of a Patient of the Court of Protection or where you wish to refer to a Declaration of Trust, setting out respective shares to be held in the property.

Edward's recent experience includes dealing with property other than land in England, including disputes concerning a luxury yacht, and also with foreign real property and conflicts of laws issues, including a claim in connection with a purported sale of a group of Balinese islands, and a case concerning the declaration of trusts pursuant to English law over French land.

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

At para 51 of their lead judgment, Lady Hale and Lord Walker set down the following principles to be applied in determining beneficial shares where a family home is held in the joint names of a cohabiting couple without the benefit of any express declaration of trust:

It is clear that where there has been an express declaration of trust this is conclusive, unless varied by subsequent agreement or affected by proprietary estoppel.

Difficulties arise, however, where there is no such declaration of trust.

The message has to be, draw up a declaration of trust in every case.

Nicole acts for many high net worth individuals and her work includes advising on inheritance tax and estate planning via wills and trusts; the administration of estates, often with an international element; Court of Protection matters, including deputyships, lasting powers of attorney and enduring powers of attorney; elderly client matters; and declarations of trust.

However, Canada Revenue Agency («CRA») has suggested that the existence of a declaration of trust will not, in and by itself, be conclusive evidence that beneficial ownership of the property has not changed.

The lease included alienation covenants: (i) not to execute any declaration of trust with regard to the premises; (ii) not to part with or share possession or occupation; (iii) not to sublet the whole without the landlord's prior written consent; and (iv) not to assign the lease without the landlord's prior written consent.

It argued that it either amounted to a declaration of trust, to sharing or parting with possession, to an assignment of the property without consent, and / or to a sub-lease of the property without consent.

A gift may be delivered in various manners: for example, a donor may choose to transfer property directly to a donee or a trustee, or may retain possession and make a declaration of trust.

Fail to sufficiently advise the client on their joint ownership or incorrectly draft a declaration of trust

November 23, 2015 - CCGG's Executive Director Stephen Erlichman was quoted in the Financial Post relating to the governance of Canadian REITs and other public income trusts in connection with CCGG's release of its model declaration of trust provisions.

Governance of Canadian REITs and Other Public Income Trusts: Model Declaration of Trust Provisions

Ensure that any interest of friends or relatives is accurately recorded in a legally binding document for example a declaration of trust or loan agreement.

LMP Resources claimed a share of the hold - back monies (to the extent of its share of production from jointly owned property) on the basis of: (1) an express declaration of trust, (2) a deemed trust under clause 507 of the 1990 CAPL Operating Procedure, and (3) an entitlement to take its share of production in kind.

In 2001, after receiving legal advice, Elizabeth executed a title transfer and Declaration of Trust, effectively providing her home and investments would become Gloria's property «absolutely» upon her death, leaving her estate devoid of any significant assets.

While this is a heart - warming story in many respects, the potential for equity held in the property to be divided in a way that is unfair on one joint owner and their benevolent families is a real one — and a risk families and their loved ones need to take seriously at the point of purchase, when legal protection by way of declarations of trust can be put in place easily.

The House of Lords commented that this was the first time it had been asked to rule on the effect of a property held legally in the joint names of a couple who had intended to make the property their home but without a declaration of trust relating to their respective beneficial interests.

Solicitor and non-practising barrister Libby will manage and develop a department covering wills, probate, powers of attorney, declarations of trust, asset protection and estate planning services.

If there is no written express declaration of trust, it is necessary to rely on the principle of an implied trust to claim a beneficial interest in a property.

Where a person who is the owner beneficially of property — and the legal estate is vested in another as trustee for him — makes a declaration of trust, the practical effect amounts, or is capable of amounting, to the «getting rid of» a trust or equitable interest then subsisting.

She concluded that where a property has been registered in the joint names of a married or cohabiting couple — but with no express declaration of trust — the presumption is that the beneficial interests follow the legal and are equal.

The properties at 47, 49 and 51 East Oak St. were sold by Marc A. Benaim Declaration of Trust, which was represented by locally based Joseph V. Farago Realtors Ltd..

Not exact matches

The government's display of the creche in this particular physical setting [is] no more an endorsement of religion than such governmental «acknowledgments» of religion as legislative prayers,... government declaration of Thanksgiving as a public holiday, printing of «In God We Trust» on coins, and opening court sessions with «God save the United States and this honorable court.»

The first article of the Declaration summed up Barth's theological standpoint: «Jesus Christ, as He is attested for us in Holy Scripture, is the one Word of God which we have to hear and which we have to trust and obey in life and in death.»