LegalFix

Section 601 - General management and investment principles -- Duty of person with special skills or expertise.

UT Code § 53D-1-601 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Board members, the director, and office staff shall act in the best interests of the beneficiaries and comply with the duty of undivided loyalty to the beneficiaries.

(2) A person who manages and invests trust fund money or assets shall: (a) manage and invest in good faith and with the care a prudent professional in a like position would exercise under similar circumstances; (b) consider, as relevant: (i) general economic conditions; (ii) the possible effect of inflation or deflation; (iii) any expected tax consequences of investment decisions or strategies; (iv) the role that each investment or course of action plays within the overall investment portfolio of the trust fund; (v) the expected net return from income and the appreciation of investments; (vi) the expected returns and risk characteristics of individual assets; (vii) the needs of the beneficiaries to receive distributions and to preserve capital; (viii) liquidity; (ix) asset allocation; and (x) costs and management fees; and (c) make management and investment decisions about an individual asset not in isolation but in the context of the trust fund's portfolio of investments as a whole and as part of an overall investment strategy, having risk and return objectives reasonably suited to the trust fund and to the beneficiaries.

(a) manage and invest in good faith and with the care a prudent professional in a like position would exercise under similar circumstances;

(b) consider, as relevant: (i) general economic conditions; (ii) the possible effect of inflation or deflation; (iii) any expected tax consequences of investment decisions or strategies; (iv) the role that each investment or course of action plays within the overall investment portfolio of the trust fund; (v) the expected net return from income and the appreciation of investments; (vi) the expected returns and risk characteristics of individual assets; (vii) the needs of the beneficiaries to receive distributions and to preserve capital; (viii) liquidity; (ix) asset allocation; and (x) costs and management fees; and

(i) general economic conditions;

(ii) the possible effect of inflation or deflation;

(iii) any expected tax consequences of investment decisions or strategies;

(iv) the role that each investment or course of action plays within the overall investment portfolio of the trust fund;

(v) the expected net return from income and the appreciation of investments;

(vi) the expected returns and risk characteristics of individual assets;

(vii) the needs of the beneficiaries to receive distributions and to preserve capital;

(viii) liquidity;

(ix) asset allocation; and

(x) costs and management fees; and

(c) make management and investment decisions about an individual asset not in isolation but in the context of the trust fund's portfolio of investments as a whole and as part of an overall investment strategy, having risk and return objectives reasonably suited to the trust fund and to the beneficiaries.

(3) A person who has special skills or expertise, or who is selected to assist in managing and investing the trust fund money or assets based on the person's representation of having special skills or expertise, has a duty to use those skills and that expertise in managing and investing trust fund money and assets.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 601 - General management and investment principles -- Duty of person with special skills or expertise.