27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
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10A-10-1.19
Section 10A-10-1.19 Liability of trustee. (a) Subject to the provisions of subsection (b),
a trustee of a real estate investment trust is not personally liable for the obligations of
the real estate investment trust. (b) If a trustee otherwise would be liable, the provisions
of this subsection do not relieve the trustee from any liability to the trust or its security
holders for any act that constitutes: (1) Bad faith. (2) Willful misfeasance. (3) Gross negligence.
(4) Reckless disregard of the trustee's duties. (c)(1) Except as provided in subdivision (2),
the declaration of trust of a real estate investment trust may include any provision expanding
or limiting the liability of its trustees and officers to the trust or its shareholders for
money damages. (2) The declaration of trust of a real estate investment trust may not include
any provision that restricts or limits the liability of its trustees or officers to the trust
or its shareholders: a. To the extent that it is proven that...
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19-3-300
Section 19-3-300 Trustee not to engage in certain acts subjecting trust to federal taxation.
Notwithstanding any provision to the contrary in the governing instrument or under any other
law of this state and except as otherwise provided by judgment of a court or by a provision
of the governing instrument, which in either case is entered or made after October 1, 1971,
and expressly limits the applicability of this article, the trustee of a trust, whenever created,
which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue
Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue
Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue
Code of 1954, during the period it is or is treated as a private foundation, charitable trust
or split-interest trust as so defined: (1) Shall not engage in any act of self-dealing as
defined in Section 4941(d) thereof; (2) Shall distribute for...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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7-8-103
Section 7-8-103 Rules for determining whether certain obligations and interests are securities
or financial assets. (a) A share or similar equity interest issued by a corporation, business
trust, joint stock company, or similar entity is a security. (b) An "investment company
security" is a security. "Investment company security" means a share or similar
equity interest issued by an entity that is registered as an investment company under the
federal investment company laws, an interest in a unit investment trust that is so registered,
or a face-amount certificate issued by a face-amount certificate company that is so registered.
Investment company security does not include an insurance policy or endowment policy or annuity
contract issued by an insurance company. (c) An interest in a partnership or limited liability
company is not a security unless it is dealt in or traded on securities exchanges or in securities
markets, its terms expressly provide that it is a security governed by...
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19-3B-814
Section 19-3B-814 Discretionary powers; tax savings. (a) Notwithstanding the breadth of discretion
granted to a trustee in the terms of the trust, including the use of such terms as "absolute,"
"sole," or "uncontrolled," the trustee shall exercise a discretionary
power in good faith and in accordance with the terms and purposes of the trust and the interests
of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly
indicate that a rule in this subsection does not apply: (1) a person other than a settlor
who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary
distributions to or for the trustee's personal benefit may exercise the power only in accordance
with an ascertainable standard; and (2) a trustee may not exercise a power to make discretionary
distributions to satisfy a legal obligation of support that the trustee personally owes another
person. (c) A power whose exercise is limited or prohibited...
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43-2-841
Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable;
exceptions. Any sale or encumbrance to the personal representative, the personal representative's
spouse, agent or attorney, or any corporation or trust in which the personal representative
has a substantial beneficial interest, or any transaction which is affected by a substantial
conflict of interest on the part of the personal representative, is voidable by any person
interested in the estate except one who has consented after fair disclosure, unless: (1) The
will or a contract entered into by the decedent expressly authorized the transaction. (2)
The transaction is approved by the court after notice to interested persons. (3) The transaction
is otherwise authorized by law. (Acts 1993, No. 93-722, p. 1411, §12.)...
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45-8A-22.103
Section 45-8A-22.103 Trustee; pensions and benefits. (a) The retirement board or the person
or entity appointed by the retirement board and named as trustee in any separate trust forming
a part of the plan shall serve as the trustee of the trust (the "trustee"). It may
adopt and enforce necessary rules and regulations to carry out the purposes of the plan and
enable it to properly manage and administer the trust, including employing investment counselors
and agents to invest and manage portions of the trust, as the retirement board may direct.
(b) When the actuary certifies that the necessary funds are available, the retirement board,
in accordance with Section 45-8A-22.101, may increase the benefits provided for retirees by
passing a written board resolution which declares that the monthly benefit paid to each retiree,
surviving spouse, or other beneficiary of the retiree shall be increased by a flat dollar
amount per month, increased by a flat dollar amount per year of active service...
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5-5A-40
Section 5-5A-40 Disposition of deposit in trust for another upon death of trustee. Whenever
any deposit shall be made in any bank by any person in trust for another and no other or further
notice of the existence and terms of a legal and valid trust shall have been given in writing
to and received by the bank, in the event of the death of the trustee, such deposit or any
part thereof, together with any interest thereon, may be paid to the person for whom said
deposit was made, whether a minor or adult, and the receipt or acquittance of such person
shall fully relieve and release said bank from all liability. (Acts 1980, No. 80-658, §5-5-40.)...

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11-50A-20
Section 11-50A-20 Trust agreement. In the discretion of the authority, any issue of bonds may
be secured by a trust agreement or indenture made by the authority with a corporate trustee,
which may be any trust company or bank within or without the state having the powers of a
trust company. The trust agreement or indenture may pledge or assign any revenues to be received
by the authority and any proceeds which may be derived from the disposition of any real or
personal property of the authority or proceeds of insurance carried thereon. The resolution
providing for the issuance of bonds and the trust agreement or indenture may contain any provisions
the authority deems necessary or appropriate for protecting and enforcing the rights and remedies
of the bondholders, including the right of appointment of a receiver upon default in the payment
of any principal or interest obligation and the right of any receiver or trustee to enforce
collection of any rates, fees, tolls, charges, or...
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