In the context of a Wyoming Statutory Trust (WST), a “Benefactor Request” is usually a formal instruction from the Settlor (the person who funded the trust) to the Trustee (the manager).

​Since the WST is a contract-based entity, the Trustee generally must follow the written directions of the Settlor as long as they align with the Governing Instrument. Below is a template for a letter where a benefactor requests the creation of a new Series and the commencement of Fundraising.

​Letter of Instruction: Benefactor Request

​To: [Name of Trustee/Trustee Co.]

From: [Your Name/Entity Name], as Settlor

Date: [Current Date]

RE: Formal Request to Establish Series and Authorize Capital Raise

​Dear [Trustee Name],

​Pursuant to the powers reserved to the Settlor under Section [X] of the [Name of Parent Trust] Governing Instrument dated [Date], I am formally submitting this Benefactor Request for the following actions:

​1. Establishment of New Series

​I request that the Trustees execute a Series Supplement to establish a new separate series of the Trust, to be designated as:

  • ​Series Name: [e.g., Apex Statutory Trust – Real Estate Series A]
  • ​Purpose: [e.g., The acquisition and management of commercial medical office buildings.]

​2. Authorization of Fundraise

​I further request and authorize the Trustee to initiate a private placement offering to raise investment capital for this Series. The parameters of this request include:

  • ​Target Capital: Up to $[Amount] in Beneficial Interest Units.
  • ​Compliance: All fundraising must be conducted in accordance with SEC Regulation D, Rule [506(b) or 506(c)] and applicable state Blue Sky laws.
  • ​Documentation: The Trustee is instructed to prepare (or cause to be prepared) a Private Placement Memorandum (PPM) and a Series Subscription Agreement for my final review.

​3. Appointment of Series Manager (Optional)

​I recommend/request that [Name of Manager] be appointed as the Series Trustee/Manager for this specific series to oversee day-to-day operations.

​Please acknowledge receipt of this request and provide a timeline for the execution of the Series Supplement and the opening of the dedicated Series bank account.

​Sincerely,

​[Your Name]

Settlor, [Name of Parent Trust]

​Why this letter is important for your protection:

  • ​The Paper Trail: In a Wyoming Statutory Trust, “formalities” are your best friend. If a creditor ever tries to argue that the trust is just your “alter ego,” having formal letters of instruction proves that the trust is a managed, professional entity.
  • ​Directing the Trustee: If you have hired a professional trustee (like a Wyoming trust company), they often require a formal letter like this before they will sign off on a new series or bank account.
  • ​Fiduciary Shield: This letter moves the responsibility to the Trustee to ensure the fundraise is done legally (checking for accredited status, etc.).

​Would you like me to create the specific “Certificate of Designation” that the Trustee would sign in response to this letter to officially “birth” the new series?