Session of 1998
SENATE BILL No. 635
By Committee on Judiciary
2-11
9
AN ACT enacting the Kansas uniform prudent
investor act; repealing
10 K.S.A. 17-5004.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. (a)
Except as otherwise provided in subsection (b), a trus-
14 tee who invests and manages trust assets
owes a duty to the beneficiaries
15 of the trust to comply with the prudent
investor rule set forth in this act.
16 (b) The prudent investor
rule, a default rule, may be expanded, re-
17 stricted, eliminated or otherwise altered
by the provisions of a trust. A
18 trustee is not liable to a beneficiary to
the extent that the trustee acted
19 in reasonable reliance on the provisions of
the trust.
20 Sec. 2. (a) A
trustee shall invest and manage trust assets as a prudent
21 investor would, by considering the
purposes, terms, distribution require-
22 ments and other circumstances of the trust.
In satisfying this standard,
23 the trustee shall exercise reasonable care,
skill and caution.
24 (b) A trustee's
investment and management decisions respecting in-
25 dividual assets must be evaluated not in
isolation but in the context of the
26 trust portfolio as a whole and as a part of
an overall investment strategy
27 having risk and return objectives
reasonably suited to the trust.
28 (c) Among circumstances
that a trustee shall consider in investing and
29 managing trust assets are such of the
following as are relevant to the trust
30 or its beneficiaries: (1) General economic
conditions;
31 (2) the possible effect
of inflation or deflation;
32 (3) the expected tax
consequences of investment decisions or strat-
33 egies;
34 (4) the role that each
investment or course of action plays within the
35 overall trust portfolio, which may include
financial assets, interests in
36 closely held enterprises, tangible and
intangible personal property and
37 real property;
38 (5) the expected total
return from income and the appreciation of
39 capital;
40 (6) other resources of
the beneficiaries;
41 (7) needs for liquidity,
regularity of income and preservation or ap-
42 preciation of capital; and
43 (8) an asset's special
relationship or special value, if any, to the pur-
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1 poses of the trust or to one or more
of the beneficiaries.
2 (d) A trustee
shall make a reasonable effort to verify facts relevant to
3 the investment and management of
trust assets.
4 (e) A trustee may
invest in any kind of property or type of investment
5 consistent with the standards of this
act.
6 (f) A trustee who
has special skills or expertise or is named trustee in
7 reliance upon the trustee's
representation that the trustee has special
8 skills or expertise, has a duty to
use those special skills or expertise.
9 Sec. 3. A
trustee shall diversify the investments of the trust unless
10 the trustee reasonably determines that,
because of special circumstances,
11 the purposes of the trust are better served
without diversifying.
12 Sec. 4. Within a
reasonable time after accepting a trusteeship or re-
13 ceiving trust assets, a trustee shall
review the trust assets and make and
14 implement decisions concerning the
retention and disposition of assets,
15 in order to bring the trust portfolio into
compliance with the purposes,
16 terms distribution requirements and other
circumstances of the trust, and
17 with the requirements of this act.
18 Sec. 5. A trustee
shall invest and manage the trust assets solely in the
19 interest of the beneficiaries.
20 Sec. 6. If a trust
has two or more beneficiaries, the trustee shall act
21 impartially in investing and managing the
trust assets, taking into account
22 any differing interests of the
beneficiaries.
23 Sec. 7. In
investing and managing trust assets, a trustee may only
24 incur costs that are appropriate and
reasonable in relation to the assets,
25 the purposes of the trust and the skills of
the trustee.
26 Sec. 8. Compliance
with the prudent investor rule is determined in
27 light of the fact and circumstances
existing at the time of a trustee's de-
28 cision or action and not by hindsight.
29 Sec. 9. (a) A
trustee may delegate investment and management func-
30 tions that a prudent trustee of comparable
skills could properly delegate
31 under the circumstances. The trustee shall
exercise reasonable care, skill
32 and caution in: (1) Selecting an agent;
33 (2) establishing the
scope and terms of the delegation, consistent with
34 the purposes and terms of the trust;
and
35 (3) periodically
reviewing the agent's actions in order to monitor the
36 agents performance and compliance with the
terms of the delegation.
37 (b) In performing a
delegated function, an agent owes a duty to the
38 trust to exercise reasonable care to comply
with the terms of the dele-
39 gation.
40 (c) A trustee who
complies with the requirements of subsection (a)
41 is not liable to the beneficiaries or to
the trust for the decisions or actions
42 of the agent to whom the function was
delegated.
43 (d) By accepting the
delegation of a trust function from the trustee
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3
1 of a trust that is subject to the law
of this state, an agent submits to the
2 jurisdiction of the courts of this
state.
3 Sec. 10. The
following terms or comparable language in the provi-
4 sions of a trust, unless otherwise
limited or modified, authorizes any in-
5 vestment or strategy permitted under
this act: ``Investments permissible
6 by law for investment of trust
funds,'' ``legal investments,'' ``authorized
7 investments,'' ``using the judgment
and care under the circumstances then
8 prevailing that persons of prudence,
discretion and intelligence exercise
9 in the management of their own
affairs, not in regard to speculation but
10 in regard to the permanent disposition of
their funds, considering the
11 probable income as well as the probable
safety of their capital,'' ``prudent
12 man rule,'' ``prudent trustee rule,''
``prudent person rule'' and ``prudent
13 investor rule.''
14 Sec. 11. This act
applies to trusts existing on and created after the
15 effective date of this act. As applied to
trusts existing on the effective date
16 of this act, this act governs only
decisions or actions occurring after that
17 date.
18 Sec. 12. This act
shall be applied and construed to effectuate its gen-
19 eral purpose to make uniform the law with
respect to the subject of this
20 act among the states enacting it.
21 Sec. 13. This act
may be cited as the Kansas uniform prudent inves-
22 tor act.
23 Sec. 14. If any
provision of this act or its application to any person
24 or circumstance is held invalid, the
invalidity does not affect other pro-
25 visions or applications of this act which
can be given effect without the
26 invalid provision or application, and to
this end the provisions of this act
27 are severable.
28 Sec. 15. K.S.A.
17-5004 is hereby repealed.
29 Sec. 16. This act
shall take effect and be in force from and after its
30 publication in the statute book.
31