Corporate Trust and Agency Services

Overview

Richards Layton serves as one of the world’s leading advisors on the use of statutory and common law trusts in business transactions. Our team works closely with major financial institutions and privately held trust companies that serve as trustees or agents in complex financial transactions. Our lawyers understand the roles of trustees and agents in all different types of transactions, including the financial products they must administer and the unique tasks they must perform. We are pioneers in the development of structured finance transactions, such as leveraged leases and asset-backed securities, with a proven track record of representing trustees in these complex deal structures. Our lawyers also provide advice to public and private investment funds in connection with entity formation and dissolution, capital raising transactions, credit facilities, fiduciary duty issues, fund reorganizations and acquisitions, defensive planning, proxy contests and shareholder meetings.

Richards Layton serves as one of the world’s leading advisors on the use of statutory and common law trusts in business transactions. Our team works closely with major financial institutions and privately held trust companies that serve as trustees or agents in complex financial transactions. Our lawyers understand the roles of trustees and agents in all different types of transactions, including the financial products they must administer and the unique tasks they must perform. We are pioneers in the development of structured finance transactions, such as leveraged leases and asset-backed securities, with a proven track record of representing trustees in these complex deal structures. Our lawyers also provide advice to public and private investment funds in connection with entity formation and dissolution, capital raising transactions, credit facilities, fiduciary duty issues, fund reorganizations and acquisitions, defensive planning, proxy contests and shareholder meetings.

A member of our Corporate Trust & Agency Services Group has chaired the Delaware State Bar Association’s Statutory Trust Committee since 1988. That year we played a leading role in drafting the Delaware Statutory Trust Act; since then we have remained instrumental in the evolution of Delaware trust law. We are positioned, both locally and nationally, not only to review, draft, and comment on the legislation and regulations that impact our industry, but also to drive new legislation to address issues as they arise in structured finance and investment management transactions.

We have defined the law and built Delaware’s largest, most experienced corporate trust practice. We are the firm of choice for establishing and administering Delaware statutory and common law trusts—in fact, our lawyers have been involved in forming more Delaware statutory trusts than any other law firm.

The success of our corporate trust team has been built on extraordinary lawyers delivering exceptional legal advice. Our corporate trust lawyers have held numerous leadership positions in the state and national bar and have been recognized in Chambers USA for their excellence.

Related Practices

Publications

  • "The 2016 Amendments to the Delaware Statutory Trust Act," July 13, 2016   View >
  • "Bankruptcy Remote Entities in Commercial Real Estate Transactions," Practical Law The Journal, November 2015   View >
  • "A Delaware Perspective on Northstar v. Schwab and Its Implications," October 22, 2015   View >
  • "Video: The DRAA in the Context of Reg A/B II Requirements," October 14, 2015   View >
  • "Bankruptcy Remote Entities in Commercial Real Estate Transactions," Practical Law, May 5, 2015   View >
  • "When Trustees Take Title to Trust Assets - Bank Representations and Warranties Revisited," November 19, 2014   View >
  • "Amendments to Delaware's Statutory Trust Legislation Enacted," July 23, 2014   View >
  • "Impact of Delaware Forum-Selection Ruling on Investment Companies," July 17, 2013   View >
  • "Common Law Trusts – Delaware's Statutory Advantage," June 19, 2013   View >
  • "Delaware Statutory Trusts and Shareholder Derivative Actions: Recent Delaware Cases Provide First Rulings on the Law," The Investment Lawyer, August 2012   View >
  • "Amendments to the Delaware Statutory Trust Act Enacted," June 28, 2012   View >
  • "Protas v. Cavanagh: Delaware Court of Chancery Analyzes Derivative Actions Under the Delaware Statutory Trust Act," May 14, 2012   View >
  • "Beyond the Delaware Statutory Trust Act: Is Willful Misconduct the Floor for Liability?," February 2, 2012   View >
  • "Delaware Laws & Programs Affecting Business - 2011 Edition," July 2011   View >
  • "2011 Amendments to the Delaware Statutory Trust Act," July 26, 2011   View >
  • "Protecting the Protectors: Indemnification of Trustees of Delaware Statutory Trusts," The Investment Lawyer, July 2011   View >
  • "Trustees Should Expect Changes to Derivatives Markets Under Dodd-Frank Act," Delaware Banker, Spring 2011   View >
  • "A Baker's Dozen - 13 Defensive Takeover Measures Available to Closed-End Investment Companies Organized as Delaware Statutory Trusts," The Investment Lawyer, November 2010   View >
  • "Delaware Enacts Amendments to the Statutory Trust Act," July 19, 2010   View >
  • "The Alphabet Soup of the Federal Crisis Programs," Bloomberg Law Reports, July 2009   View >
  • "Delaware Series Trusts - Separate but Not Equal," The Investment Lawyer, Feburary 2009   View >
  • "Cargill, Incorporated v. JWH Special Circumstance LLC," November 18, 2008   View >
  • "Investment Companies Organized as Delaware Statutory Trusts: Practical Considerations for Drafting Governing Instruments," The Investment Lawyer, January 2008   View >
  • "Delaware Amends Law to Expressly Provide for Special Purpose Financial Captive Insurance Companies," August 16, 2007   View >