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§7-743. Business and other activities conducted by trustee


Published: 2015

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§7-743. Business and other activities conducted by trustee








(a). 
 
If a trustee who conducts a business or other activity determines that it is in
the best interest of all the beneficiaries to account separately for the business
or activity instead of accounting for it as part of the trust's general accounting
records, the trustee may maintain separate accounting records for its transactions,
whether or not its assets are segregated from other trust assets.


[
2001, c. 544, §2 (NEW)
.]








(b). 
 
A trustee who accounts separately for a business or other activity may determine
the extent to which its net cash receipts must be retained for working capital, the
acquisition or replacement of fixed assets, and other reasonably foreseeable needs
of the business or activity, and the extent to which the remaining net cash receipts
are accounted for as principal or income in the trust's general accounting records.
If a trustee sells assets of the business or other activity, other than in the ordinary
course of the business or activity, the trustee shall account for the net amount received
as principal in the trust's general accounting records to the extent the trustee determines
that the amount received is no longer required in the conduct of the business.


[
2001, c. 544, §2 (NEW)
.]








(c). 
 
Activities for which a trustee may maintain separate accounting records include:





(1). Retail, manufacturing, service and other traditional business activities; [2001, c. 544, §2 (NEW).]










(2). Farming; [2001, c. 544, §2 (NEW).]










(3). Raising and selling livestock and other animals; [2001, c. 544, §2 (NEW).]










(4). Management of rental properties; [2001, c. 544, §2 (NEW).]










(5). Extraction of minerals and other natural resources; [2001, c. 544, §2 (NEW).]










(6). Timber operations; and [2001, c. 544, §2 (NEW).]










(7). Activities to which section 7-754 applies. [2001, c. 544, §2 (NEW).]







[
2001, c. 544, §2 (NEW)
.]





SECTION HISTORY

2001, c. 544, §2 (NEW).