30-3215. Private foundations and split-interest trusts; prohibited acts.

229 words·~1 min read·/ne/chapter-30/30-3215

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any provision to the contrary in the governing instrument or under any other law of this state and except as otherwise provided by court decree entered after April 30, 1971, a trust, whenever created, which is a private foundation or a split-interest trust as defined in sections 509 and 4947, respectively, of the Internal Revenue Code, during the period it is a private foundation or split-interest trust as so defined:

(1)Shall not engage in any act of self-dealing as defined in section 4941(d) of such code;

(2)Shall distribute the trust income for each taxable year at such time and in such manner as not to subject the trust to the tax on undistributed income imposed by section 4942 of such code;

(3)Shall not retain any excess business holdings as defined in section 4943(c) of such code;

(4)Shall not make any investment in such manner as to subject the trust to tax under section 4944 of such code; and

(5)Shall not make any taxable expenditure as defined in section 4945(d) of such code.

Except as otherwise provided by court decree entered after April 30, 1971, the prohibitions and requirements imposed upon such a trust by subdivisions

(1)through

(5)of this section shall be deemed to be included within the governing instrument of every private foundation or split-interest trust, as defined in this section.