§44D-8B-28. 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.
§44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act
This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 103(b) of that act, 15 U.S.C. 7003(b).
§44D-8B-30. Severability
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
§44D-8B-31. Effective Date
This article takes effect on July 1, 2020.
§44D-9-901. Uniform Prudent Investor Act
The Uniform Prudent Investor Act is contained in article six-c, chapter forty-four of this code.
§44D-10-1001. Remedies for Breach of Trust
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) Compel the trustee to perform the trustee's duties;
§44D-8B-24. Terms of Second Trust
Any reference in this chapter to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
§44D-8B-14. Protection of Charitable Interest
(a) In this section: (1) “Determinable charitable interest” means 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.
§44D-8B-15. Trust Limitation on Decanting
(a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) The decanting power; or
§44D-8B-16. Change in Compensation
(a) If a first-trust instrument specifies an authorized fiduciarys compensation, the fiduciary may not exercise the decanting power to increase the fiduciarys compensation above the specified compensation unless: (1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or