Browse Arkansas Code titles and sections
28-76-106. Powers of trust director. [Effective January 1, 2020.]
Arkansas Code — all titles (historical 2020) · legal_authorities
28-76-106. Powers of trust director. [Effective January 1, 2020.]
(a) Subject to § 28-76-107, the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise:
(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and
(2) trust directors with joint powers must act by majority decision.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-76-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-76-106
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: de03dc97ef0945115eb4039932b7f8ed60592c74b7b4f17795aff2eb7e585383
Source location: content.xml paragraph 14824
Stored source content
28-76-106. Powers of trust director. [Effective January 1, 2020.]
(a) Subject to § 28-76-107, the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise:
(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and
(2) trust directors with joint powers must act by majority decision.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-76-107. Limitations on trust director. [Effective January 1, 2020.]
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:
(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended; and
(2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-76-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-76-107. This identifies an authority to review, not proof of applicability.