75B-3-105. Exclusions.

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

Effective 5/7/2025

(1)As used in this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, trust property.

(2)This chapter does not apply to:

(a)a power of appointment;

(b)a power to appoint or remove a trustee or trust director;

(c)a power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(d)a power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(i)the beneficiary; or

(ii)another beneficiary represented by the beneficiary under Chapter 2, Part 3, Representation, with respect to the exercise or nonexercise of the power; or

(e)power over a trust if:

(i)the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(ii)the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations.

(3)Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as trustee is a power of appointment and not a power of direction.

Renumbered and Amended by Chapter 310 , 2025 General Session