§ 28-76-118. Relation to the Electronic Signatures and Global National Commerce Act. [Effective January 1, 2020.]
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. […]
Title 28 — Appendix Administrative Order Number 12 — Official Probate Forms
The Per Curiam Order of the Supreme Court of Arkansas of October 18, 2018, revised Probate Forms 1–4, 6–9, 12, 13, 15–20, 23, 24, 26–28, and 30–33, to provide for contact information, effective January 1, 2019. PER CURIAM: “The 1998 report of the Arkansas Supreme Court Committee on Civil Practice contained a proposal to revise […]
§ 28-76-110. Duty to provide information to trust director or trustee. [Effective January 1, 2020.]
(a) Subject to § 28-76-111, a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) the powers or duties of the trustee; and (2) the powers or duties of the director. (b) Subject to § 28-76-111, a trust director shall provide information to a trustee […]
§ 28-76-111. No duty to monitor, inform, or advise. [Effective January 1, 2020.]
(a) Unless the terms of a trust provide otherwise: (1) a trustee does not have a duty to: (A) monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and (2) by taking […]
§ 28-76-112. Application to trustee. [Effective January 1, 2020.]
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director’s power of direction […]
§ 28-76-113. Limitation of action against trust director. [Effective January 1, 2020.]
(a) An action against a trust director for breach of trust must be commenced within the same limitation period as under § 28-73-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances. (b) A report or accounting has the same effect on the limitation period for […]
§ 28-75-116. Custodian compliance and immunity
(a) Not later than 30 days after receipt of the information required under §§ 28-75-107 — 28-75-115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to […]
§ 28-76-114. Defenses in action against trust director. [Effective January 1, 2020.]
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
§ 28-75-117. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 28-76-115. Jurisdiction over trust director. [Effective January 1, 2020.]
(a) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (b) This section does not preclude other methods of obtaining jurisdiction over a trust director.