75A-4-205. Rules of classification.
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Effective 9/1/2024
75A-4-205. Rules of classification.
(1)As used in this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(2)If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
(3)If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
Renumbered and Amended by Chapter 364 , 2024 General Session