(a) A contribution of a beneficial owner to a statutory trust may consist of property transferred, services performed, or another benefit provided to the statutory trust, or an agreement to transfer property, perform services, or provide another benefit. 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 trust.
(b) A person’s obligation to contribute money or other property or other benefit to, or to perform services for, a statutory trust is not excused by the person’s death, disability, or other inability to perform the person’s obligations personally. If a person does not fulfill an obligation to make a contribution, other than a monetary contribution, the person is obligated at the option of the trustee to contribute money equal to the value of the part of the contribution which has not been made.
(c) The governing instrument may provide that a beneficial owner that fails to make a required contribution, or comply with the terms and conditions of the governing instrument, shall be subject to specified penalties for or consequences of the failure, including:
(1) Reduction or elimination of the defaulting beneficial owner’s proportionate interest in the statutory trust or series thereof;
(2) Subordination of the defaulting beneficial owner’s beneficial interest to that of nondefaulting beneficial owners;
(3) Forced sale or forfeiture of the defaulting beneficial owner’s beneficial interest;
(4) Imposition of an obligation to repay a loan to the statutory trust by another beneficial owner of the amount necessary to meet the defaulting beneficial owner’s commitment;
(5) Redemption or sale of the defaulting beneficial owner’s beneficial interest at a value fixed by appraisal or by formula; and
(6) Specific performance of an obligation under the governing instrument.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(l)(7)(C), 59 DCR 13171.)
This section is referenced in § 29-1201.02.
The 2013 amendment by D.C. Law 19-210 substituted “consist of property transferred, services performed, or another benefit provided to the statutory trust, or an agreement to transfer property, perform services, or provide another benefit” for “be in cash, property, or services rendered or a promissory note or other obligation to contribute cash or property or to perform services” in the first sentence of (a); and rewrote (b).
Uniform Law: This section is based on § 603 of the Uniform Statutory Trust Entity Act.
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.
Structure District of Columbia Code
Title 29 - Business Organizations. [Enacted title]
Subchapter VI - Beneficial Owners
§ 29–1206.01. Beneficial interest
§ 29–1206.02. Voting or consent by beneficial owners
§ 29–1206.03. Contribution by beneficial owner
§ 29–1206.04. Distribution to beneficial owner
§ 29–1206.05. Redemption of beneficial interest
§ 29–1206.06. Transfer of beneficial interest
§ 29–1206.07. Transaction with beneficial owner
§ 29–1206.08. Beneficial owner’s right to information
§ 29–1206.09. Direct action by beneficial owner
§ 29–1206.10. Derivative action by beneficial owner
§ 29–1206.11. Proper plaintiff
§ 29–1206.13. Proceeds and expenses
§ 29–1206.14. Special litigation committee