Massachusetts Trust Registration

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Chapter 23.90.020 RCW - Massachusetts trust defined.
A Massachusetts trust is an unincorporated business association created at common law by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as may be or may become the holders of transferable certificates evidencing beneficial interests in the trust estate, the holders of which certificates are entitled to the same limitation of personal liability extended to stockholders of private corporations.

Chapter 23.90.040 RCW - Filing trust instrument, effect — Powers and duties of trust.

(1) Any Massachusetts trust desiring to do business in this state shall file with the secretary of state a verified copy of the trust instrument creating such a trust and any amendment thereto, the assumed business name, if any, and the names and addresses of its trustees.

(2) Any person dealing with such Massachusetts trust shall be bound by the terms and conditions of the trust instrument and any amendments thereto so filed.

(3) Any Massachusetts trust created under this chapter or entering this state pursuant thereto shall pay such taxes and fees as are imposed by the laws, ordinances, and resolutions of the state of Washington and any counties and municipalities thereof on domestic and foreign corporations, respectively, on an identical basis therewith. In computing such taxes and fees, the shares of beneficial interest of such a trust shall have the character for tax purposes of shares of stock in private corporations.

(4) Any Massachusetts trust shall be subject to such applicable provisions of law, now or hereafter enacted, with respect to domestic and foreign corporations, respectively, as relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power to act, right to sue and be sued, limitation of individual liability of shareholders, rights to acquire, mortgage, sell, lease, operate and otherwise to deal in real and personal property, and other applicable rights and duties existing under the common law and statutes of this state in a manner similar to those applicable to domestic and foreign corporations.

(5) The secretary of state, director of licensing, and the department of revenue of the state of Washington are each authorized and directed to prescribe binding rules and regulations applicable to said Massachusetts trusts consistent with this chapter.


[1981 c 302 § 3; 1979 c 158 § 88; 1967 ex.s. c 26 § 21; 1959 c 220 § 4.]

Notes: Severability -- 1981 c 302: See note following RCW 19.76.100.

Effective date -- 1967 ex.s. c 26: See note following RCW 82.01.050.

For the complete chapter click RCW 23.90

Sample format for Massachusetts Trust filing:

Statement to the Washington Secretary of State (RCW 23.90)

Pursuant to the provisions of RCW 23.90, the undersigned "Massachusetts Trust" existing in the state of ___________________ desiring to do business in the State of Washington does hereby submit the following statements:


1. Name (and the name under which it will do business in the State of Washington)
2. Created under the laws of _______________ state
3. Date of creation and term of existence
4. Address of principal office in state under the laws of which it was created
5. Purpose(s) which it proposes to pursue in the transaction of business in Washington State.
6. Name and address of its trustees
7. Name of the appointed registered agent/registered office address residing in Washington State
8. The number of beneficial shares or units

These items are also required with the filing:

  • The written consent of the registered agent is required
  • The filing fee is $180.00
  • A verified copy of the trust agreement signed by the trustee or other authorized representative of the trust