NRS 88A.280
Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.


A governing instrument may contain any provision relating to the management or the business or affairs of the business trust and the rights, duties and obligations of the trustees, beneficial owners and other persons which is not contrary to a provision or requirement of this chapter and may:

1.

Provide for classes, groups or series of trustees or beneficial owners, or of beneficial interests, having such relative rights, powers and duties as the governing instrument provides, and may provide for the future creation in the manner provided in the governing instrument of additional such classes having such relative rights, powers and duties as may from time to time be established, including rights, powers and duties senior or subordinate to existing classes, groups or series.

2.

Provide that a person becomes a beneficial owner and bound by the governing instrument if the person, or the person’s representative authorized orally, in writing or by action such as payment for a beneficial interest, complies with the conditions for becoming a beneficial owner set forth in the governing instrument or any other writing and acquires a beneficial interest.

3.

Establish or provide for a designated series of trustees, beneficial owners or beneficial interests having separate rights, powers or duties with respect to specified property or obligations of the business trust or profits and losses associated with specified property or obligations, and, to the extent provided in the governing instrument, any such series may have a separate business purpose or investment objective.

4.

Provide for the taking of any action, including the amendment of the governing instrument, the accomplishment of a merger, the appointment of one or more trustees, the sale, lease, transfer, pledge or other disposition of all or any part of the assets of the business trust or the assets of any series, or the dissolution of the business trust, and the creation of a class, group or series of beneficial interests that was not previously outstanding, without the vote or approval of any particular trustee or beneficial owner or class, group or series of trustees or beneficial owners.

5.

Grant to or withhold from all or certain trustees or beneficial owners, or a specified class, group or series of trustees or beneficial owners, the right to vote, separately or with one or more of the trustees, beneficial owners or classes, groups or series thereof, on any matter. Voting power may be apportioned per capita, proportionate to financial interest, by class, group or series, or on any other basis.

6.

If and to the extent that voting rights are granted under the certificate of trust or governing instrument, set forth provisions relating to notice of the time, place or purpose of a meeting at which a matter will be voted on, waiver of notice, action by consent without a meeting, the establishment of record dates, requirement of a quorum, voting in person, by proxy or otherwise, or any other matter with respect to the exercise of the right to vote.

7.

Provide for the present or future creation of more than one business trust, including the creation of a future business trust to which all or any part of the assets, liabilities, profits or losses of any existing business trust are to be transferred, and for the conversion of beneficial interests in an existing business trust, or series thereof, into beneficial interests in the separate business trust or a series thereof.

8.

Provide for the appointment, election or engagement, either as agents or independent contractors of the business trust or as delegates of the trustees, of officers, employees, managers or other persons who may manage the business and affairs of the business trust and have such titles and relative rights, powers and duties as the governing instrument provides. Except as otherwise provided in the governing instrument, the trustees shall choose and supervise those officers, managers and other persons.
OPERATION

Source: Section 88A.280 — Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons., https://www.­leg.­state.­nv.­us/NRS/NRS-88A.­html#NRS88ASec280.

88A.010
Definitions.
88A.020
“Beneficial owner” defined.
88A.030
“Business trust” defined.
88A.040
“Foreign business trust” defined.
88A.050
“Governing instrument” defined.
88A.057
“Registered agent” defined.
88A.060
“Registered office” defined.
88A.110
“Trustee” defined.
88A.150
Applicability of chapter to foreign and interstate commerce.
88A.160
Applicability of laws pertaining to trusts
88A.170
Provisions of chapter may be altered or repealed.
88A.200
Purpose
88A.210
Filing requirements
88A.215
Penalty for purporting to do business as business trust without filing certificate of trust
88A.220
Amendment and restatement of certificate of trust.
88A.230
Name of trust: Distinguishable name required
88A.240
Name of trust: Reservation
88A.250
Certificate of amendment, restatement or cancellation and articles of merger: Filing and effectiveness of certificates and articles.
88A.260
Perpetual existence of trust
88A.270
Governing instrument: Optional provisions.
88A.280
Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.
88A.300
General powers.
88A.310
Management of business and affairs by trustees
88A.320
Ownership of beneficial interest in trust: Participation in profits and losses
88A.330
Beneficial owners: Contributions to trust
88A.340
Maintenance of records at principal office in State or with custodian of records.
88A.345
Information concerning records
88A.350
Right of beneficial owners to inspect and copy ledger
88A.360
Duties and liabilities of trustee.
88A.370
Duties and liabilities of officer, employee, manager or other person acting pursuant to certificate of trust or governing instrument.
88A.380
Enforceability of debts, liabilities, obligations and expenses against assets of series of trustees, beneficial owners or beneficial interests.
88A.390
Liability of beneficial owner, trustee, officer, agent, manager or employee for debts or liabilities of trust.
88A.400
Indemnification of trustee, beneficial owner or other person.
88A.410
Derivative actions: Authority of beneficial owner to bring action
88A.420
Cancellation of certificate of trust upon termination of trust.
88A.500
Requirement
88A.520
Powers
88A.530
Resignation of registered agent or termination of registration of commercial registered agent.
88A.600
Filing requirements
88A.610
Certificate of authorization to transact business.
88A.620
Addresses of trustees required
88A.630
Defaulting trusts: Identification
88A.640
Defaulting trusts: Duties of Secretary of State
88A.650
Defaulting trusts: Conditions and procedure for reinstatement.
88A.660
Defaulting trusts: Reinstatement or revival under old or new name.
88A.665
Cancellation of revoked certificate of trust without additional fees and penalties
88A.700
Laws governing organization, internal affairs and liability of beneficial owners, trustees, officers, employees and managers.
88A.710
Filing requirements
88A.720
Issuance of certificate of registration by Secretary of State.
88A.730
Registration of name.
88A.732
Annual list: Filing requirements
88A.733
Certificate of authorization to transact business.
88A.734
Addresses of trustees required
88A.735
Defaulting trusts: Identification
88A.736
Defaulting trusts: Duties of Secretary of State.
88A.737
Defaulting trusts: Conditions and procedure for reinstatement.
88A.738
Defaulting trusts: Reinstatement or revival under old or new name
88A.739
Cancellation of revoked registration without additional fees and penalties
88A.740
Cancellation of registration.
88A.745
Renewal or revival of right to transact business: Procedure
88A.750
Penalty for transacting business without registration
88A.890
Form required for filing of records.
88A.900
Fees.
88A.910
Manner in which record may be filed.
88A.920
Procedure to submit replacement page to Secretary of State before actual filing of record.
88A.930
Correction of inaccurate or defective record filed with Secretary of State
88A.935
Manner of storage of records
88A.940
Secretary of State authorized to adopt certain regulations to allow business trust to carry out powers and duties through most recent technology.
88A.950
Renewal or revival of certificate: Procedure
88A.7345
List or statement to be maintained at principal place of business or with custodian of records
Last Updated

Jun. 24, 2021

§ 88A.280’s source at nv​.us