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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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26-1A-102
Section 26-1A-102 Definitions. In this chapter: (1) "Agent" means a person granted
authority to act for a principal under a power of attorney, whether denominated an agent,
attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent,
and a person to which an agent's authority is delegated. (2) "Durable," with respect
to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic"
means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity"
means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained,
including incarcerated in a penal system; or (iii) outside the United States and...
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19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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45-8A-22.102
Section 45-8A-22.102 Powers and duties of the retirement board.. (a) The retirement board shall
be responsible for the general administration and proper operation of the plan and shall administer
the plan for the exclusive benefit of participants and their beneficiaries, subject to the
terms of the plan. The retirement board shall administer the plan in accordance with its terms
and shall have the power and discretion to construe the terms of the plan and this subpart
and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the retirement board shall be conclusive
and binding upon all persons. (1) The retirement board shall have all powers necessary or
appropriate to accomplish the retirement board's duties under the plan, including, but not
limited to, the following: a. To determine all questions relating to the eligibility of a
sworn police officer or a sworn firefighter of the City of...
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19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing
instrument, a trustee may convert a trust into a unitrust as described in this section if
all of the following apply: (1) The trustee has concluded that the conversion will enable
the trustee to better carry out the intent of the settlor or testator and the purposes of
the trust. (2) The trustee gives written notice of the trustee's intention to convert the
trust into a unitrust, including the trustee's initial decisions as set forth below, to all
the qualified beneficiaries. The written notice shall include the following: a. An explanation
of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c.
The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution
for a short year in which a beneficiary's right to payments commences or ceases; e. Whether
the net fair market value of the trust assets will be determined annually or averaged...
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19-3D-14
Section 19-3D-14 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. PROTECTION OF CHARITABLE
INTEREST. (a) In this section the following terms have the following meanings: (1) DETERMINABLE
CHARITABLE INTEREST. A charitable interest that is a right to a mandatory distribution currently,
periodically, on the occurrence of a specified event, or after the passage of a specified
time, and which is unconditional or will be held solely for charitable purposes. (2) UNCONDITIONAL.
Not subject to the occurrence of a specified event that is not certain to occur, other than
a requirement in a trust instrument that a charitable organization be in existence or qualify
under a particular provision of the United States Internal Revenue Code of 1986, as amended,
on the date of the distribution, if the charitable organization meets the requirement on the
date of determination. (b) If a first trust...
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26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred
in this division to encourage the development of maximum self-reliance and independence of
a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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11-92A-15
Section 11-92A-15 Security for bonds. (a) In the discretion of the board of directors of an
authority, any bonds may be secured by an indenture between an authority and a trustee, which
may be any trust company or bank having trust powers, whether such trust company or bank is
located within or without the state. In any such indenture or resolution providing for the
issuance of bonds an authority may pledge, for payment of the principal of and the interest
on such bonds, any of its revenues to which its right then exists or may thereafter come into
existence, including, but not limited to, revenues or other money or property pledged to it
by any public or private person, and may assign, as security for such payment, any of its
leases, loan agreements, franchises, permits, and contracts. In any such indenture, an authority
may mortgage any of its properties, including any that may be thereafter acquired by it, and
may provide that in the event of a default in payment of the bonds...
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11-94-12
Section 11-94-12 Bonds of authority - Indenture; lien; remedies of bondholders. In the discretion
of its board, any bonds issued by an authority may be secured by an indenture between an authority
and a trustee, which may be any trust company or bank having trust powers, whether such bank
or trust company is located within or without the state. In any such indenture or resolution
providing for the issuance of bonds an authority may pledge, for payment of the principal
of and the interest on such bonds, any of its revenues to which its right then exists or may
thereafter come into existence and may assign, as security for such payment, any of its leases,
franchises, permits and contracts; and in any such indenture, an authority may mortgage any
of its properties, including any that may be thereafter acquired by it, and may provide that
in the event of a default in payment of the bonds secured thereby or in the event of default
with respect to any agreement contained therein, such...
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37-13-13
Section 37-13-13 Bonds of authority - Security. In the discretion of the authority any bonds
may be issued under and secured by an indenture between the authority and a trustee. Said
trustee may be a private person or corporation, including (but not limited to) any trust company
or bank having trust powers, whether such bank or trust company is located within or without
the state. In any such indenture or resolution providing for the issuance of bonds, the authority
may pledge, for payment of the principal of and the interest on such bonds, any of its revenues
to which its right then exists or may thereafter come into existence and may assign, as security
for such payment, any of its leases, franchises, permits and contracts; and in any such indenture,
the authority may mortgage any of its properties, including any that may be thereafter acquired
by it. Any such pledge of revenues shall be valid and binding from the time it is made, and
the revenues so pledged and thereafter received...
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