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Trusts
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What entities are considered charitable trusts under the Supervision of Trustees for Charitable Purposes Act, MCL 14.251 et seq.?
Any entity holding charitable assets in Michigan or incorporated in Michigan is considered a charitable trust under the Supervision of Trustees for Charitable Purposes Act. This includes private foundations and other charities, trusts with a current charitable interest (including lead trusts), and some charitable remainder trusts. These entities must register and submit annual financial reports. Charities and soliciting foundations registered to solicit under the Charitable Organizations and Solicitations Act do not need to register separately under the Supervision of Trustees for Charitable Purposes Act and their renewal solicitation registration serves as their annual financial reports.
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Do I need to register my charitable remainder trust/unitrust?
Registration is required if the trust is irrevocable, yet the designated charitable beneficiary is contingent or may be changed by, or is under the control of, the grantor, testator, executor, trustee, or members of the grantor's or testator's family.
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Is registration necessary for an estate/will/revocable trust with residual charitable bequests where the testator/grantor has passed away?
Yes. Under the Supervision of Trustees for Charitable Purposes Act, a charitable trustee must register a charitable trust within two months of receiving assets. Thus, for a revocable trust with charitable beneficiaries, a trustee has two months following the death of the grantor within which to register. After all distributions have been made, the Charitable Trust Section should be provided with a final accounting and receipts for distributions to the charitable beneficiaries in order to close our file.
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How do I register a trust?
Forms are available online or by contacting the Charitable Trust Section at 517-335-7571.