LD 1551
pg. 8
Page 7 of 11 An Act To Make Technical Amendments to the Maine Uniform Trust Code Page 9 of 11
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LR 1146
Item 1

 
beneficiaries are subject to the control of, and the duties of the
trustee are owed exclusively to, the settlor.

 
Sec. 14. 18-B MRSA §704, sub-§4, ¶B, as enacted by PL 2003, c. 618, Pt.
A, §1 and affected by §2, is amended to read:

 
B. By a person appointed by unanimous agreement of the
charitable organizations expressly designated to receive
distributions under the terms of the trust if the Attorney
General concurs in the appointment; or

 
Sec. 15. 18-B MRSA §802, sub-§§4 and 6, as enacted by PL 2003, c. 618,
Pt. A, §1 and affected by §2, are amended to read:

 
4. Transaction between trustee and beneficiary. A
transaction between a trustee and a beneficiary that does not
concern trust property but that occurs during the existence of
the trust or while the trustee retains significant influence over
the beneficiary and from which the trustee obtains an advantage
beyond the normal commercial advantage for such a transaction is
voidable by the beneficiary unless the trustee establishes that
the transaction was fair to the beneficiary. A transfer or
obligation is not voidable under this section against a person
who took property from the trustee in good faith for a reasonably
equivalent value or against any subsequent transferee or obligee.

 
6. Investment. An investment by a trustee in securities of
an investment company or investment trust to which the trustee,
or its affiliate, provides services in a capacity other than as
trustee is not presumed to be affected by a conflict between
personal and fiduciary interests if the investment otherwise
complies with the prudent investor rule of chapter 9. In
addition to its compensation for acting as trustee, the trustee
may be compensated by the investment company or investment trust
for providing those services out of fees charged to the trust.
If the trustee receives compensation from the investment company
or investment trust for providing investment advisory or
investment management services, the trustee at least annually
shall notify the persons entitled under section 813 to receive a
copy of the trustee's annual report of the rate and method by
which that compensation was determined.

 
Sec. 16. 18-B MRSA §813, sub-§5 is enacted to read:

 
5.__Applicable date.__Subsection 2, paragraphs B and C apply
only to a trustee who accepts a trusteeship on or after July 1,
2005, to an irrevocable trust created on or after July 1, 2005
and to a revocable trust that becomes irrevocable on or after
July 1, 2005.


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