633.4402  Specific powers of trustees.

In addition to the powers conferred by the terms of the trust, a trustee may perform all actions necessary to accomplish the proper management, investment, and distribution of the trust property, including the following powers:

1.  Collect, hold, and retain trust property received from a settlor or any other person. The property may be retained even though it includes property in which the trustee is personally interested.

2.  Accept or refuse to accept additions to the property of the trust from a settlor or any other person.

3.  Continue or participate in the operation of a business or other enterprise that is part of the trust property and affect an incorporation, dissolution, or other change in the form of the organization of the business or enterprise.

4.  Deposit trust funds in an account in a financial institution, including a financial institution operated by the trustee.

5.  Acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange.

6.  Manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property.

7.  Encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in connection with the exercise of a power vested in the trustee.

8.  Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust property; demolish improvements; and raze existing or erect new party walls or buildings.

9.  Subdivide or develop land, dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving consideration, and dedicate easements to public use without consideration.

10.  Enter into a lease for any purpose as lessor or lessee with or without the option to purchase or renew and for a term within or extending beyond the term of the trust.

11.  Enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy, and enter into a community oil lease or a pooling or unitization agreement.

12.  Grant an option involving disposition of trust property or take an option for the acquisition of property, including an option that is exercisable beyond the duration of the trust.

13.  With respect to shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or other property, the trustee may do the following:

a.  Vote in person, and give proxies to exercise, any voting rights with respect to the shares, memberships, or property.

b.  Waive notice of a meeting or give consent to the holding of a meeting.

c.  Authorize, ratify, approve, or confirm any action that could be taken by shareholders, members, or property owners.

14.  Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities.

15.  Sell or exercise stock subscription or conversion rights.

16.  Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise, and participate in voting trusts, pooling arrangements, and foreclosures, and in connection therewith, deposit securities with and transfer title and delegate discretion to any protective or other committee as the trustee considers advisable.

17.  Hold a security in the name of a nominee or in other form without disclosure of the trust so that title to the security may pass by delivery.

18.  Deposit securities in a securities' depository.

19.  Insure the property of the trust against damage or loss and insure the trustee against liability with respect to third persons.

20.  Borrow money for any trust purpose to be repaid from trust property.

21.  Pay or contest any claim; settle a claim by or against the trust by compromise, arbitration, or otherwise; and release, in whole or in part, a claim belonging to the trust.

22.  Pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the collection, care, administration, and protection of the trust.

23.  Make loans out of trust property to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and guarantee loans to the beneficiary by encumbrances on trust property.

24.  Pay an amount distributable to a beneficiary, whether or not the beneficiary is under a legal disability, by paying the amount to the beneficiary or by paying the amount to another person for the use or benefit of the beneficiary.

25.  Make a distribution of property and money in divided or undivided interests, pro rata or non-pro rata, and adjust resulting differences in valuation.

26.  Employ accountants, attorneys, investment advisors, appraisers, or other persons, even if they are associated or affiliated with the trustee, to advise or assist the trustee in the performance of administrative duties.

27.  Expend trust funds to inspect or investigate property that the trustee has been asked to hold, or property owned or operated by an entity in which the trustee holds or has been asked to hold an interest for the purpose of determining the application of environmental law with respect to the property, and take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee.

28.  Withhold funds from distribution for the purpose of maintaining a reserve for any valid business purpose, or as a depletion reserve, if, in the trustee's discretion, the failure to do so would unfairly, and materially, reduce the value of the interest of the remainder.

29.  Execute and deliver instruments that are useful to accomplish or facilitate the exercise of the trustee's powers.

30.  Prosecute or defend an action, claim, or proceeding in order to protect trust property.

Section History: Recent form

  99 Acts, ch 125, §72, 109


  Section effective July 1, 2000; 99 Acts, ch 125, §109

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