§ 18-9-1. Division of charitable trusts — Establishment. There is established, in the department of, and subject to the control of, the attorney general, a division for the supervision and enforcement of the due application of funds given or appropriated to charitable trusts within the state and for the prevention of breaches of trust. The […]
§ 18-9-10. Notice to attend in investigations. Whenever the attorney general may require the attendance of any person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation as provided in § 18-9-9, the attorney general shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be […]
§ 18-9-11. Court order to appear before attorney general — Contempt. If any person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation receiving notice neglects to attend or to remain in attendance as long as may be necessary for the purposes for which the notice was issued, or refuses to produce books, memoranda, papers of […]
§ 18-9-12. Privilege against self-incrimination unavailable — Immunity from prosecution. No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the attorney general, when ordered to do so by the attorney general, upon the ground that the testimony, or evidence […]
§ 18-9-13. Annual fiduciary’s report. (a) Any fiduciary holding property subject to equitable duties to deal with the property for charitable, educational, or religious purposes shall annually, on or before July 1, unless otherwise directed by the attorney general, make to the attorney general a written report for the last preceding fiscal year of the […]
§ 18-9-14. Reasonable care required regardless of language of trust. Regardless of any language in the agreement, deed, or other instrument creating an inter vivos charitable trust, no trustee or trustees of a trust shall be exonerated from liability for failure to exercise reasonable care, diligence, and prudence. History of Section.P.L. 1950, ch. 2617, § […]
§ 18-9-15. Institutions and contingent trusts exempt. The provisions of this chapter shall not be applicable to charitable, religious, and educational institutions holding funds in trust exclusively for their own charter or corporate purposes nor to trusts in which the charitable interest is contingent upon the happening of an uncertain future event; provided, that upon […]
§ 18-9-16. Termination of certain charitable trusts. (a) A charitable trust with total assets of less than two hundred thousand dollars ($200,000) may be terminated at any time at the discretion of the trustee or trustees with the consent of the attorney general and the beneficiary or beneficiaries by delivery of the assets to the […]
§ 18-9-17. Enforcement of the fiduciary responsibilities of the trustees of charitable trusts. (a) If the trustee(s) fails to register a charitable trust with the attorney general as required by this chapter, an additional fee not to exceed one hundred dollars ($100) may be assessed at the time the trust is finally registered. (b) When […]
§ 18-9-2. Administrator of charitable trusts. The executive and administrative head of the division of charitable trusts shall be the administrator of charitable trusts. The administrator shall be appointed by the attorney general and shall hold office at the attorney general’s pleasure. The administrator shall be qualified by training and experience to perform the duties […]
§ 18-9-3. Appointment and removal of assistants — Experts. The administrator, with the approval and consent of the attorney general, may appoint and remove any assistants that the work of the division may require. These assistants shall not be in the classified service. The administrator, with the approval and consent of the attorney general, may […]
§ 18-9-4. “Charitable trusts” defined. “Charitable trusts” as used in this chapter means any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable, educational, or […]
§ 18-9-5. Notice to attorney general of proceedings affecting charitable trusts. The attorney general shall be notified of all judicial proceedings affecting, or in any manner dealing with, a charitable trust, or affecting, or in any manner dealing with, a trustee who holds in trust within the state property given, devised, or bequeathed for charitable, […]
§ 18-9-6. Register of charitable trusts — Special assistant attorney general. In addition to his or her common law and statutory powers the attorney general, or the administrator acting under the authority and at the direction of the attorney general, shall have the authority to prepare and maintain a register of all charitable trusts previously […]
§ 18-9-7. Register open to inspection — Registration fee. (a) The register established by § 18-9-6 shall be open to the inspection of any person at any reasonable times and for any legitimate purposes that the attorney general may determine. (b) The attorney general may by regulation provide that any investigation of charitable trusts made […]
§ 18-9-8. Rules and regulations. The attorney general, or the administrator acting under the authority and at the direction of the attorney general, shall make any rules and regulations that may be reasonable or necessary to secure records and other information for the operation of the register and for the supervision, investigation, and enforcement of […]
§ 18-9-9. Investigations as to administration of trusts. The attorney general may investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with the terms and purposes of the trust. For the purposes of this investigation the attorney general may require any […]
