(a) When a beneficial owner becomes entitled to receive a distribution, with respect to the distribution, the beneficial owner shall have the status of, and shall be entitled to all remedies available to, a creditor of the statutory trust.
(b) A beneficial owner has a right to a distribution before the dissolution and winding up of a statutory trust only if the trustee decides to make an interim distribution. A beneficial owner shall not have a right to demand or to receive a distribution from the trust in any form other than money.
(c) Except as otherwise provided in § 29-1208.03(b), the trust may distribute an asset in kind if each part of the asset is fungible with each other part and each beneficial owner receives a percentage of the asset equal in value to the beneficial owner’s share of the distribution.
(d) Any distributions made by a statutory trust before its dissolution and winding up must be in proportion to the beneficial interests.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(l)(7)(D), 59 DCR 13171.)
The 2013 amendment by D.C. Law 19-210 added the first sentence in (b); added “Except as otherwise provided in § 29-1208.03(b)” in (c); and added (d).
Uniform Law: This section is based on § 604 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