MS SB2211 | 2016 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 7 2016 - 100% progression
Action: 2016-04-07 - Approved by Governor
Text: Latest bill text (Enrolled) [HTML]

Summary

An Act To Make Technical Amendments To The Mississippi Uniform Trust Code And The Mississippi Qualified Disposition In Trust Act; To Amend Section 91-8-103, Mississippi Code Of 1972, To Clarify And Coordinate The Statutory Provisions Concerning Settlors, Beneficiary Surrogates, Trust Protectors, Trust Advisors And Certain Representatives; To Amend Section 91-8-105, Mississippi Code Of 1972, To Clarify That There Are Three Alternative Methods By Which A Trustee's Duty To Inform And Report May Be Waived; To Amend Section 91-8-303, Mississippi Code Of 1972, To Clarify And Coordinate The Statutory Provisions Concerning Settlors, Beneficiary Surrogates, Trust Protectors, Trust Advisors And Certain Representatives; To Amend Section 91-8-401, Mississippi Code Of 1972, To Clarify That A Transfer In The Name Of The Trust Is Legally Sufficient; To Amend Section 91-8-407, Mississippi Code Of 1972, To Clarify That Substantial Compliance With The Requirements For A Memorandum Of Trust Is Sufficient To Constitute Constructive Notice; To Amend Section 91-8-409, Mississippi Code Of 1972, To Clarify The Enforcement Of A Noncharitable Trust Without An Ascertainable Beneficiary; To Amend Section 91-8-411, Mississippi Code Of 1972, To Clarify The Participation Of The Qualified Beneficiaries In Modification Or Termination By Consent; To Amend Section 91-8-703, Mississippi Code Of 1972, To Clarify That Trust Advisors And Trust Protectors Have A Duty To Keep Other Fiduciaries Informed; To Amend Section 91-8-814, Mississippi Code Of 1972, To Clarify That The Trustee Is To Consider The Spouse's Resources When Making A Discretionary Distribution When The Settlor Is Still Living; To Amend Section 91-8-1012, Mississippi Code Of 1972, To Clarify That A Third Party Is Protected In The Absence Of Actual Knowledge That A Trustee Is Improperly Exercising Power; To Amend Section 91-8-1201, Mississippi Code Of 1972, To Expand The Powers Of A Trust Protector Or Trust Advisor To Coordinate With Article 3, Chapter 8, Title 91, Mississippi Code Of 1972, Dealing With Representation Of Beneficiaries And With Article 8, Chapter 8, Title 91, Mississippi Code Of 1972, Dealing With The Duties And Powers Of A Trustee Under The Uniform Trust Code; To Amend Sections 91-9-503, 91-9-505 And 91-9-507, Mississippi Code Of 1972, To Recognize And Create An Exception For Qualified Dispositions In Trust; To Create New Section 91-9-509, Mississippi Code Of 1972, To Recodify A Provision Of Article 11, Chapter 9, Title 91, Mississippi Code Of 1972, The Family Trust Preservation Act Of 1998, Repealed In The 2014 Regular Session And To Include An Exception For Qualified Dispositions In Trust; To Amend Section 91-9-703, Mississippi Code Of 1972, To Revise The Definition Of Investment Advisor And Clarify That The Investment Advisor Should Not Be Involved In Distribution Decisions; To Amend Section 91-9-707, Mississippi Code Of 1972, To Clarify A Creditor's Ability To Bring An Action Against Property Subject To A Qualified Disposition In The Absence Of Intent To Defraud The Specific Creditor; To Amend Section 91-8-1013, Mississippi Code Of 1972, To Correct A Typographical Error In An Internal Reference In The Mississippi Uniform Trust Code; And For Related Purposes.

Tracking Information

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Title

Trust law; make technical corrections.

Sponsors


Roll Calls

2016-03-29 - House - House Passed (Y: 114 N: 2 NV: 5 Abs: 0) [PASS]
2016-02-25 - Senate - Senate Passed As Amended (Y: 50 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2016-04-07 Approved by Governor
2016-04-01HouseEnrolled Bill Signed
2016-04-01SenateEnrolled Bill Signed
2016-03-30HouseReturned For Enrolling
2016-03-30HouseMotion to Reconsider Tabled
2016-03-29HouseMotion to Reconsider Entered (Wooten, Baker, Wilson)
2016-03-29HousePassed
2016-03-23HouseRead the Third Time
2016-03-22HouseTitle Suff Do Pass
2016-03-16HouseReferred To Judiciary A
2016-02-29SenateTransmitted To House
2016-02-25SenatePassed As Amended
2016-02-25SenateAmended
2016-02-16SenateTitle Suff Do Pass
2016-02-05SenateReferred To Judiciary, Division A

Mississippi State Sources


Bill Comments

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