Utah Code § 22-3-304

Current through the 2024 Third Special Session
Section 22-3-304 - [Renumbered Effective 9/1/2024] Notice
(1) A fiduciary shall send a notice required by Subsection 22-3-303(2)(b) in a manner authorized under Section 75-7-109 to:
(a) the qualified beneficiaries determined under Subsection 75-7-103(1)(h);
(b) each person acting, in accordance with Title 75, Chapter 12, Uniform Directed Trust Act, as trust director of the trust; and
(c) each person that is granted a power by the terms of the trust to appoint or remove a trustee or person described in Subsection (1)(b), to the extent the power is exercisable when the person that exercises the power is not then serving as trustee or is a person described in Subsection (1)(b).
(2) The representation provisions of Sections 75-7-301 through 75-7-305 apply to notice under this section.
(3)
(a) A person may consent in a record at any time to action proposed under Subsection 22-3-303(2)(b).
(b) If a person required to receive a notice under Subsection (1) consents under Subsection (3)(a) to not receive the notice, the fiduciary is not required to send the person the notice.
(4) A notice required by Subsection 22-3-303(2)(b) shall include:
(a) the action proposed under Subsection 22-3-303(2)(b);
(b) for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under Subsection 22-3-303(1)(a);
(c) for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under Subsection 22-3-303(1)(b);
(d) a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary;
(e) the date by which the fiduciary shall receive an objection under Subsection (4)(d), which shall be at least 30 days after the date the notice is sent;
(f) the date on which the action is proposed to be taken and the date on which the action is proposed to take effect;
(g) the name and contact information of the fiduciary; and
(h) the name and contact information of a person that may be contacted for additional information.

Utah Code § 22-3-304

Renumbered as § 75A-5-304 by Chapter (number not assigned at time of publication), 2024 General Session ,§ 140, eff. 9/1/2024.
Amended by Chapter 348, 2020 General Session ,§ 9, eff. 7/1/2020.
Added by Chapter 495, 2019 General Session ,§ 11, eff. 7/1/2020.