1013.1—The independence of the trustee of a voting trust.
(a)
In order to avoid an unlawful control violation, the independent voting trust should be established before a controlling block of voting securities is purchased.
(b)
In voting the trusteed stock, the trustee should maintain complete independence from the creator of the trust (the settlor).
(c)
Neither the trustee, the settlor, nor their respective affiliates should have any officers or board members in common or direct business arrangements, other than the voting trust, that could be construed as creating an indicium of control by the settlor over the trustee.
(d)
The trustee should not use the voting power of the trust in any way which would create any dependence or intercorporate relationship between the settlor and the carrier whose corporate securities constitute the corpus of the trust.
(e)
The trustee should be entitled to receive cash dividends declared and paid upon the trusteed voting stock and turn them over to the settlor. Dividends other than cash should be received and held by the trustee upon the same terms and conditions as the stock which constitutes the corpus of the trust.
(f)
If the trustee becomes disqualified because of a violation of the trust agreement or if the trustee resigns, the settlor should appoint a successor trustee within 15 days.