reglab/housing_qa huggingface dataset:
12 DE Code § 3594. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3594. Legacy to creditor of trustor.

§ 3594. Legacy to creditor of trustor. A gift to a beneficiary of an inter vivos trust which is made effective as of the death of the trustor shall not be deemed to be in satisfaction of a debt due from the trustor to the donee, unless the intention of the trustor that it shall be so accepted shall appear in the trust expressly or by manifest implication. 75 Del. Laws, c. 299, §  3;
12 DE Code § 3595. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3595. Abatement of gifts in trust.

§ 3595. Abatement of gifts in trust. (a) Except as provided in subsection (b) of this section, shares of distributees of an inter vivos trust, who are entitled to distributions from the trust as of the date of the death of the trustor, abate, with personal property to be abated prior to real property within each class, in the following order:  (1) Property owned by the trust not disposed of by the trust instrument. (2) Residuary gifts under the trust instrument. (3) General gifts under the trust instrument. (4) Specific gifts under the trust instrument. For purposes of abatement, a general gift charged on any specific property or fund is a specific gift to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general gift to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property that each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the trust instrument. (b) If the trust instrument expresses an order of abatement, or if the overall plan of distribution at the trustor's death or the express or implied purpose of the gift would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the trustor. (c) If the subject of a preferred gift is sold or used incident to administration of the trust, abatement shall be achieved by appropriate adjustments in, or contributions from, other interests in the remaining assets. 75 Del. Laws, c. 299, §  4;
12 DE Code § 3802. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3802. Contributions by beneficial owners.

§ 3802. Contributions by beneficial owners. (a) A contribution of a beneficial owner to the statutory trust may be in cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services; provided however, that a person may become a beneficial owner of a statutory trust and may receive a beneficial interest in a statutory trust without making a contribution or being obligated to make a contribution to the statutory trust. (b) Except as provided in the governing instrument, a beneficial owner is obligated to the statutory trust to perform any promise to contribute cash, property or to perform services, even if the beneficial owner is unable to perform because of death, disability or any other reason. If a beneficial owner does not make the required contribution of property or services the beneficial owner is obligated at the option of the statutory trust to contribute cash equal to that portion of the agreed value (as stated in the records of the statutory trust) of the contribution that has not been made. The foregoing option shall be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the statutory trust may have against such beneficial owner under the governing instrument or applicable law. (c) A governing instrument may provide that the interest of any beneficial owner who fails to make any contribution that the beneficial owner is obligated to make shall be subject to specific penalties for, or specified consequences of, such failure. Such penalty or consequence may take the form of reducing or eliminating the defaulting beneficial owner's proportionate interest in the statutory trust, subordinating the beneficial interest to that of nondefaulting beneficial owners, a forced sale of the beneficial interest, forfeiture of the beneficial interest, the lending by other beneficial owners of the amount necessary to meet the beneficiary's commitment, a fixing of the value of the defaulting beneficial owner's beneficial interest by appraisal or by formula and redemption or sale of the beneficial interest at such value, or any other penalty or consequence. 68 Del. Laws, c. 404, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  1;  81 Del. Laws, c. 352, § 2;
12 DE Code § 3803. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3803. Liability of beneficial owners and trustees.

§ 3803. Liability of beneficial owners and trustees. (a) Except to the extent otherwise provided in the governing instrument of the statutory trust, the beneficial owners shall be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the general corporation law of the State. (b) Except to the extent otherwise provided in the governing instrument of a statutory trust, a trustee, when acting in such capacity, shall not be personally liable to any person other than the statutory trust or a beneficial owner for any act, omission or obligation of the statutory trust or any trustee thereof. (c) Except to the extent otherwise provided in the governing instrument of a statutory trust, an officer, employee, manager or other person acting pursuant to § 3806(b)(7) or (i) of this title, when acting in such capacity, shall not be personally liable to any person other than the statutory trust or a trustee or a beneficial owner for any act, omission or obligation of the statutory trust or any trustee thereof. (d) No obligation of a beneficial owner or trustee of a statutory trust to the statutory trust, or to a beneficial owner or trustee of the statutory trust, arising under the governing instrument or a separate agreement in writing, and no note, instrument or other writing evidencing any such obligation of a beneficial owner or trustee, shall be subject to the defense of usury, and no beneficial owner or trustee shall interpose the defense of usury with respect to any such obligation in any action. 66 Del. Laws, c. 279, §  1;  67 Del. Laws, c. 297, §§  1, 2;  68 Del. Laws, c. 404, §  5;  69 Del. Laws, c. 265, §  1;  70 Del. Laws, c. 548, §  3;  73 Del. Laws, c. 329, §  1;  79 Del. Laws, c. 355, §  1;  81 Del. Laws, c. 352, § 3;
12 DE Code § 3809. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3809. Applicability of trust law.

§ 3809. Applicability of trust law. Except to the extent otherwise provided in the governing instrument of a statutory trust or in this subchapter, the laws of this State pertaining to trusts are hereby made applicable to statutory trusts; provided however, that for purposes of any tax imposed by this State or any instrumentality, agency or political subdivision of this State a statutory trust shall be classified as a corporation, an association, a partnership, a trust or otherwise, as shall be determined under the United States Internal Revenue Code of 1986 [26 U.S. Code § 1 et seq.], as amended, or under any successor provision. 66 Del. Laws, c. 279, §  1;  67 Del. Laws, c. 297, §  11;  70 Del. Laws, c. 548, §  7;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3816. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3816. Derivative actions.

§ 3816. Derivative actions. (a) A beneficial owner may bring an action in the Court of Chancery in the right of a statutory trust to recover a judgment in its favor if persons with authority to do so have refused to bring the action or if an effort to cause those persons to bring the action is not likely to succeed. (b) In a derivative action, the plaintiff must be a beneficial owner at the time of bringing the action and:  (1) At the time of the transaction of which the plaintiff complains; or (2) Plaintiff's status as a beneficial owner had devolved upon plaintiff by operation of law or pursuant to the terms of the governing instrument of the statutory trust from a person who was a beneficial owner at the time of the transaction. (c) In a derivative action, the complaint shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by the persons with authority to do so, or the reasons for not making the effort. (d) If a derivative action is successful, in whole or in part, or if anything is received by a statutory trust as a result of a judgment, compromise or settlement of any such action, the Court may award the plaintiff reasonable expenses, including reasonable attorneys' fees. If anything is so received by the plaintiff, the Court shall make such award of plaintiff's expenses payable out of those proceeds and direct plaintiff to remit to the statutory trust the remainder thereof, and if those proceeds are insufficient to reimburse plaintiff's reasonable expenses, the Court may direct that any such award of plaintiff's expenses or a portion thereof be paid by the statutory trust. (e) A beneficial owner's right to bring a derivative action may be subject to such additional standards and restrictions, if any, as are set forth in the governing instrument of the statutory trust, including, without limitation, the requirement that beneficial owners owning a specified beneficial interest in the statutory trust join in the bringing of the derivative action. 67 Del. Laws, c. 297, §  8;  68 Del. Laws, c. 404, §§  12, 13, 14;  70 Del Laws, c. 186,, §  1;  73 Del. Laws, c. 329, §  1;  78 Del. Laws, c. 280, §§  15, 16;
12 DE Code § 3817. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3817. Indemnification.

§ 3817. Indemnification. (a) Subject to such standards and restrictions, if any, as are set forth in the governing instrument of a statutory trust, a statutory trust shall have the power to indemnify and hold harmless any trustee or beneficial owner or other person from and against any and all claims and demands whatsoever. (b) The absence of a provision for indemnity in the governing instrument of a statutory trust shall not be construed to deprive any trustee or beneficial owner or other person of any right to indemnity which is otherwise available to such person under the laws of this State. 67 Del. Laws, c. 297, §  8;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3818. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3818. Treasury interests.

§ 3818. Treasury interests. Except to the extent otherwise provided in the governing instrument of a statutory trust, a statutory trust may acquire, by purchase, redemption or otherwise, any beneficial interest in the statutory trust held by a beneficial owner of the statutory trust. Except to the extent otherwise provided in the governing instrument of a statutory trust, any such interest so acquired by a statutory trust shall be deemed canceled. 70 Del. Laws, c. 548, §  16;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3824. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3824. Judicial cancellation of certificate of trust; proceedings.

§ 3824. Judicial cancellation of certificate of trust; proceedings. (a) Upon motion by the Attorney General, the Court of Chancery shall have jurisdiction to cancel the certificate of trust of any statutory trust for abuse or misuse of its statutory trust powers, privileges or existence. The Attorney General shall proceed for this purpose in the Court of Chancery. (b) The Court of Chancery shall have power, by appointment of trustees, receivers or otherwise, to administer and wind up the affairs of any statutory trust whose certificate of trust shall be canceled by the Court of Chancery under this section, and to make such orders and decrees with respect thereto as shall be just and equitable respecting its affairs and assets and the rights of its beneficial owners, trustees and creditors. 82 Del. Laws, c. 264, § 15;
12 DE Code § 3828. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3828. Construction and application of chapter and governing instrument.

§ 3828. Construction and application of chapter and governing instrument. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this subchapter. (b) 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. (c) Action validly taken pursuant to 1 provision of this chapter shall not be deemed invalid solely because it is identical or similar in substance to an action that could have been taken pursuant to some other provision of this chapter but fails to satisfy 1 or more requirements prescribed by such other provision. (d) A governing instrument that provides for the application of Delaware law shall be governed by and construed under the laws of the State of Delaware in accordance with its terms. 68 Del. Laws, c. 404, §  15;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 548, §  16;  71 Del. Laws, c. 335, §  10;  74 Del. Laws, c. 353, §  17;  77 Del. Laws, c. 403, §  22;  78 Del. Laws, c. 280, §  21;  82 Del. Laws, c. 264, § 16;
12 DE Code § 3829. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter I. Domestic Statutory Trusts|§ 3829. Short title.

§ 3829. Short title. This subchapter may be cited as the “Delaware Statutory Trust Act.” 67 Del. Laws, c. 297, §  8;  68 Del. Laws, c. 404, §  15;  70 Del. Laws, c. 548, §  16;  71 Del. Laws, c. 335, §  10;  73 Del. Laws, c. 329, §  1;  74 Del. Laws, c. 353, §  17;  82 Del. Laws, c. 264, § 17;
12 DE Code § 3851. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3851. Law governing.

§ 3851. Law governing. Subject to the Constitution of the State:  (1) The laws of the state, territory, possession or other jurisdiction or country under which a foreign statutory trust is organized govern its organization and internal affairs and the liability of its beneficial owners and trustees; and (2) A foreign statutory trust may not be denied registration by reason of any difference between those laws and the laws of the State.71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3853. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3853. Issuance of registration.

§ 3853. Issuance of registration. (a) If the Secretary of State finds that an application for registration conforms to law and all requisite fees have been paid, the Secretary of State shall:  (1) Certify that the application has been filed in the Secretary of State's office by endorsing upon the original application the word “Filed,” and the date and hour of the filing. This endorsement is conclusive of the date and time of its filing in the absence of actual fraud; (2) File and index the endorsed application. (b) The Secretary of State shall prepare and return to the person who filed the application or the person's representative a copy of the original signed application, similarly endorsed, and shall certify such copy as a true copy of the original signed application. (c) The filing of the application with the Secretary of State shall make it unnecessary to file any other documents under Chapter 31 of Title 6. 71 Del. Laws, c. 335, §  11;  70 Del. Laws, c. 186, §  1;
12 DE Code § 3855. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3855. Amendments to application.

§ 3855. Amendments to application. If any statement in the application for registration of a foreign statutory trust was false when made or any arrangements or other facts described have changed, making the application false in any respect, the foreign statutory trust shall promptly file in the Office of the Secretary of State a certificate, executed by a trustee or other authorized person, correcting such statement, together with a fee as set forth in § 3862 of this title. 71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3856. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3856. Cancellation of registration.

§ 3856. Cancellation of registration. A foreign statutory trust may cancel its registration by filing with the Secretary of State a certificate of cancellation, executed by a trustee or other authorized person, together with a fee as set forth in § 3862 of this title. A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign statutory trust with respect to causes of action arising out of the doing of business in the State. 71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3857. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3857. Doing business without registration.

§ 3857. Doing business without registration. (a) A foreign statutory trust doing business in the State may not maintain any action, suit or proceeding in the State until it has registered in the State, and has paid to the State all fees and penalties for the years or parts thereof, during which it did business in the State without having registered. (b) The failure of a foreign statutory trust to register in the State does not:  (1) Impair the validity of any contract or act of the foreign statutory trust; (2) Impair the right of any other party to the contract to maintain any action, suit or proceeding on the contract; or (3) Prevent the foreign statutory trust from defending any action, suit or proceeding in any court of the State. (c) A beneficial owner or a trustee of a foreign statutory trust is not liable for the obligations of the foreign statutory trust solely by reason of the statutory trust's having done business in the State without registration. (d) Any foreign statutory trust doing business in the State without first having registered shall be fined and shall pay to the Secretary of State $200 for each year or part thereof during which the foreign statutory trust failed to register in the State. 71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3858. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3858. Foreign statutory trusts doing business without having qualified; injunctions.

§ 3858. Foreign statutory trusts doing business without having qualified; injunctions. The Court of Chancery shall have jurisdiction to enjoin any foreign statutory trust, or any agent thereof, from doing any business in the State if such foreign statutory trust has failed to register under this subchapter or if such foreign statutory trust has secured a certificate of the Secretary of State under § 3853 of this title on the basis of false or misleading representations. The Attorney General shall, upon the Attorney General's own motion or upon the relation of proper parties, proceed for this purpose by complaint in any county in which such foreign statutory trust is doing or has done business. 71 Del. Laws, c. 335, §  11;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3859. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3859. Execution — Liability.

§ 3859. Execution — Liability. Section 3811(c) of this title shall be applicable to foreign statutory trusts as if they were domestic statutory trusts. 71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;
12 DE Code § 3862. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 38. Treatment of Delaware Statutory Trusts|Subchapter II. Foreign Statutory Trusts|§ 3862. Fees.

§ 3862. Fees. No document required to be filed under this subchapter shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State:  (1) Upon receipt for filing of an application for registration as a foreign statutory trust under § 3852 of this title, a certificate under § 3855 of this title or a certificate of cancellation under § 3856 of this title, a fee in amount of up to $300 together with such fees for services as may be authorized pursuant to § 3813(b) of this title. (2) Upon the receipt for filing of a certificate under § 3854(c) of this title, a fee in the amount of $200, upon the receipt for filing of a certificate under § 3854(d) of this title, a fee in the amount of $200, and upon the receipt for filing of a certificate under § 3854(e) of this title, a fee in the amount of $2.00 for each statutory trust whose registered agent has resigned by such certificate.71 Del. Laws, c. 335, §  11;  73 Del. Laws, c. 329, §  1;  74 Del. Laws, c. 52, §  38;  75 Del. Laws, c. 218, §  3;  78 Del. Laws, c. 114, §  9;