Do you Manage my Assets?

No, Trustee Management Services, LLC acts as the Delaware Trustee (a/k/a Nominee or Named Trustee) for the sole and limited purpose of fulfilling the requirements of § 3807(a) of the Delaware Statutory Trust Act.   

The Delaware Trustee does not have any of the powers or duties of the Trustee, except as required under the Delaware Statutory Trust Act.

Do We Need an Office In Delaware?

No, you do not need an office, bank account or other specific presence in Delaware.  You may manage your Trust anywhere you choose while still being a Delaware Statutory Trust in Delaware -- by virtue of Trustee Management Service’s presence in Delaware as your Delaware Trustee.

What Do I Do First; Is it Complicated?

No, the first step protecting your assets is incredibly easy.  You just choose a name for your Trust, pay your annual fee and one-time Delaware filing fee, and Trustee Management Service will file your Certificate of Trust with the Delaware Division of Corporations -- usually within one business day.       

The Certificate of Trust is filed in accordance with the provisions of the Delaware Statutory Trust Act (Title 12 of the Delaware Code, Section 3801 et seq.) and sets forth the following:   1) The name of the statutory trust and 2) The name and business address of the Delaware Trustee.

Can I name my Trust anything I want?

Well, within reason, as long as 1) The Name is available in Delaware and 2) It complies with § 3814 which states that the name of each statutory trust may contain the following words: “company,” “association,” “club,” “foundation,” “fund,” “institute,” “society,” “union,” “syndicate,” “limited,” or “trust” (or abbreviations of like import) but shall not contain the word “bank,” … provided, however, that this section shall not be construed to prevent the use of the word “bank,” or any variation thereof, in a context clearly not purporting to refer to a banking business or otherwise likely to mislead the public about the nature of the business of the statutory trust…

Can I set up a "Series" Trust? 

Yes, you can set up a Series Trust which has advantages such as better liability protection possibilities.  

However, in order to take advantage of this Code provision, by law you MUST have the foresight to add the correct language to your Certificate of Trust.  Luckily, we do that in ALL our Certificates as a matter of policy.  

We thought of it already; so you can be better protected later when you think of it!

How about a Bonus Cool tip?

Yes, add a “Trust Protector.”      

We can help you with strategies and language, but you won’t be sorry!   

Delaware Code § 3825 states that “It is the policy of this subchapter to give maximum effect to the principle of freedom of contract and to the enforceability of governing instruments.”      

You can create a set of operating agreement to achieve almost any purpose you wish.  

Other ideas for Trustees or Managers that you may wish to incorporate are: Investment Direction Adviser 
Distribution Adviser 
Special Holding Direction Adviser 
Administrative Trustee 
Asset Specific Managers, etc. 

Can I Pay My Trustee Fees Monthly?

Yes, you can pay monthly after your first year is completed.  

The cost for that service is a little bit more, but not prohibitive for the budget conscious.  

Just choose that option when ordering or contact us later.

What if I miss a Payment?

Essentially, your services are suspended until current.  Late fees or interest may also apply, and the Delaware Trustee may resign if in arrears for an inordinate amount of time.  

Our suggestion: Make good use of your Trust and stay current; you will be happy you did when the unexpected rain starts falling!