Delaware Statutory Trusts

The benefits include circumventing the standard California business tax and asset protection. In addition, a DST may be used in a 1031 exchange when structured appropriately.
Don’t let the name fool you. While called statutory trusts, a DST is a contract. The Delaware
Court of Chancery explained, “when considering the rights of persons who choose to invest in
alternative entity structures it always must be kept in mind that the express policy of Delaware
is to give maximum effect to the principle of freedom of contract.” Dieckman v. Regency GP
LP. This means that the details of the particular contract are of the utmost importance to
ensure that the DST has its intended purpose.
The particular contract needs to include numerous things required under Delaware law such
as a certificate of trust, execution by trustees, declaration of trust with governing protocols
and a Delaware trustee.
Businesses or individuals looking to explore DSTs are encouraged to enlist competent tax and
legal advisors. This is for informational purposes only.
