We reserve the right to edit, classify or refuse to publish any material submitted by a comment and/or information provider. While we take every precautionary measure to prevent inappropriate, inflammatory material we cannot rule-out such stray incidents. We request all the users to maintain proper decorum and let us continue and excel in providing this interaction service to our community.
We are a consortium of legal professionals, paralegals and journalists. We are not all attorneys. We do not play one on TV. Nothing in this entire blog should be construed as legal advice. If you need legal advice you should consult an attorney.
PAID ENDORSEMENT DISCLOSURE: In order for us to support the blogging activities, we may receive monetary compensation or other types of remuneration for endorsement, recommendation, testimonial and/or link to any products or services from this blog.
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
DeadlyClear advocates for transparency and accountability in an effort to preserve the rights guaranteed to the press under the First Amendment and strengthen the public’s right to know.
Disclosure: As an Amazon Associate and HarvestRight™ Affiliate we earn from qualifying purchases. If you purchase a product or service with the links we provide, we may receive a small commission. There is no additional charge to you for those associate links and your support helps us to provide free content on our websites.
DeadlyClear® is a product of Project Maui, Inc., a Hawaii corporation. Copyright 2012-2026. All rights reserved.
Deadly Clear 
In Delaware a “business trust” is considered to be a “statutory trust,” as are REIT and REMIC trusts.
From Delaware Title 12, Chapter 38, Treatment of Delaware Statutory Trusts, Subchapter I, Domestic Statutory Trusts, § 3801:
(g) “Statutory trust” means an unincorporated association which:
(1) Is created by a governing instrument under which property is or will be held, managed,
administered, controlled, invested, reinvested and/or operated, or business or professional activities for profit are carried on or will be carried on, by a trustee or trustees or as otherwise provided in the governing instrument for the benefit of such person or persons as are or may become beneficial owners or as otherwise provided in the governing instrument, including but not limited to a trust of the type known at common law as a “business trust,” or “Massachusetts trust,” or a trust qualifying as a real estate investment trust under § 856 et seq. of the United States Internal Revenue Code of 1986 [26 U.S.C. § 856 et seq.], as amended, or under any successor provision, or a trust qualifying as a real estate mortgage investment conduit under § 860D of the United States Internal Revenue Code of 1986 [26 U.S.C. § 860D], as amended, or under any successor provision; and
(2) Files a certificate of trust pursuant to § 3810 of this title.