Ohio Revised Code Search
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Section 5809.01 | Trustee duty to comply with act.
...A)(1) As used in the Revised Code, the "Ohio Uniform Prudent Investor Act" means sections 5809.01 to 5809.08, 5808.03, 5808.05, and 5808.06, division (A) of section 5808.02, and division (B) of section 5808.07 of the Revised Code, and those sections may be cited as the "Ohio Uniform Prudent Investor Act." (2) As used in the Ohio Uniform Prudent Investor Act, "trustee" means a trustee under any testamentary, inter vi... |
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Section 5809.02 | Standard of care - portfolio strategy - risk and return objectives.
...rises, tangible and intangible personal property, and real property; (5) The expected total return from income and appreciation of capital; (6) Other resources of the beneficiaries; (7) Needs for liquidity, regularity of income, and preservation or appreciation of capital; (8) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. |
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Section 5809.03 | Investment authority - diversification.
...h the requirements and standards of the Ohio Uniform Prudent Investor Act. (B) A trustee shall diversify the investments of a trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. |
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Section 5809.031 | Duties of a trustee with respect to the acquisition, retention, or ownership of a life insurance policy.
...inancial strength of the life insurance company maintaining the policy; (5) To inquire about changes in the health or financial condition of the insured or insureds under the policy. (B) The trustee, the attorney who drafted a trust, or any person who was consulted with regard to the creation of a trust, in the absence of fraud, is not liable to the beneficiaries of the trust or to any other person for any los... |
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Section 5809.04 | Duties at inception of trusteeship.
... the requirements and standards of the Ohio Uniform Prudent Investor Act. |
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Section 5809.05 | Reviewing compliance.
...Compliance with the Ohio Uniform Prudent Investor Act shall be determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. |
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Section 5809.06 | Delegation of investment and management functions.
...(A) A trustee may delegate investment and management functions of a trust that a prudent trustee having comparable skills could properly delegate under the circumstances. A trustee that exercises its delegation authority under this division shall comply with the requirements of division (A) of section 5808.07 of the Revised Code. (B) In performing investment or management functions of a trust that are delegated to a... |
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Section 5809.07 | Language invoking standard of act.
...nvestment or strategy permitted by the Ohio Uniform Prudent Investor Act: "investments permissible by law for investment of trust funds"; "legal investments"; "authorized investments"; "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent d... |
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Section 5809.08 | Application and construction.
...(A) The Ohio Uniform Prudent Investor Act shall be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of these sections among the states enacting it. (B) The Ohio Uniform Prudent Investor Act applies to trusts existing on or created after March 22, 1999. As applied to trusts existing on March 22, 1999, the Ohio Uniform Prudent Investor Act governs only decis... |
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Section 5814.01 | Transfers to minors act definitions.
...lder, who makes a transfer. (P) "Trust company" means a financial institution that is authorized to exercise trust powers. (Q) "Administrator" includes an "administrator with the will annexed. |
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Section 5814.02 | Subject of gift or transfer.
..._____________ (name of minor) under the Ohio Transfers to Minors Act ; " (2) If the subject of the gift or transfer is a security not in registered form, by delivering it to the donor or transferor, another person who is eighteen years of age or older, or a trust company, accompanied by a statement of a gift or transfer in the following form, in substance, signed by the donor or transferor and the person or trust c... |
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Section 5814.03 | Effect of gift or transfer.
...d person dealing with a person or trust company designated as custodian, the respective powers, rights, and immunities provided in these sections. |
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Section 5814.04 | Custodian - powers and duties.
... ____________ (name of minor) under the Ohio Transfers to Minors Act," or shall maintain each security that is custodial property and in registered form in an account with a broker or in a financial institution in the name of the custodian, followed, in substance, by the words: "as custodian for _____________ (name of minor) under the Ohio Transfers to Minors Act." A security held in account with a broker or in a fin... |
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Section 5814.05 | Fees and compensation of custodian.
...led to reimbursement from the custodial property for reasonable expenses incurred in the performance of the custodian's duties. (B) A custodian may act without compensation for the custodian's services. (C) Unless the custodian is a donor or transferor, the custodian may receive from custodial property reasonable compensation for the custodian's services determined by one of the following standards in the order sta... |
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Section 5814.06 | Responsibility of issuer, transfer agent, financial institution, broker, or life insurance company.
...ct as a custodian of any money or other property paid or delivered to the person or trust company. |
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Section 5814.07 | Successor custodian.
..._____________ (name of minor) under the Ohio Transfers to Minors Act;" (3) Executing in the appropriate manner a deed, assignment, or similar instrument for all interest in real estate that is custodial property in the name of the successor custodian, followed, in substance, by the words: "as custodian for _________________________________ (name of minor) under the Ohio Transfers to Minors Act;" (4) Delivering to... |
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Section 5814.08 | Accounting by and determination of liability of custodian.
...ire and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer of the custodial property. |
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Section 5814.09 | Delayed time for delivery of custodial property.
...elivery of property to minor) under the Ohio Transfers to Minors Act," shall be substituted in substance for the words "as custodian for __________________ (name of minor) under the Ohio Transfers to Minors Act." (C) The time for delivery to the minor of custodial property transferred under a will, trust instrument, or irrevocable exercise of a testamentary power of appointment may be delayed under this section onl... |
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Section 5814.10 | Applicability and construction.
...(A) Sections 5814.01 to 5814.10 of the Revised Code shall be construed to effectuate their general purpose to make uniform the law of those states that enact similar provisions. (B) Sections 5814.01 to 5814.10 of the Revised Code shall not be construed as providing an exclusive method for making gifts or transfers to minors. (C) Nothing in sections 5814.01 to 5814.10 of the Revised Code shall affect gifts made unde... |
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Section 5816.01 | Short title.
...This chapter may be cited as the Ohio legacy trust act. |
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Section 5816.02 | Definitions.
.... (ii) That person is a "family trust company," as defined in section 1112.01 of the Revised Code, and that family trust company may be licensed or unlicensed for purposes of Chapter 1112. of the Revised Code, provided that all of the following also apply regardless of the family trust company's licensing status: (I) The family trust company shall maintain an office in this state, on either an exclusive basis or ... |
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Section 5816.03 | Spendthrift Provisions.
...his section, a transferor's interest in property that is the subject of a qualified disposition may be attached or otherwise involuntarily alienated in connection with any debt that the transferor owes pursuant to an agreement or court order for either of the following: (1) The payment of child or spousal support or alimony to or for the transferor's spouse, former spouse, child, or children, or to any governm... |
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Section 5816.04 | Limits to transferor's authority.
...To the extent conferred by the governing legacy trust instrument, a transferor to a legacy trust may have any or all of the rights, powers, and interests described in section 5816.05 of the Revised Code. A transferor shall have no rights, powers, or interests in, over, to, or regarding the corpus or income of a legacy trust unless those rights, powers, or interests are granted, permitted, or recognized by both ... |
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Section 5816.05 | Permissible retained rights of a transferor.
...iate property of the trust, but only if limited in each calendar year to five per cent of the value of the trust principal at the time of the exercise of the power; (G) A transferor's potential or actual receipt or use of principal or income of the trust if the potential or actual receipt or use is or would be the result of any of the following that applies with respect to one or more of the qualified trustees: (... |
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Section 5816.06 | Qualified affidavits and related rules.
...lowing statements under oath: (1) The property being transferred to the trust was not derived from unlawful activities. (2) The transferor has full right, title, and authority to transfer the property to the legacy trust. (3) The transferor will not be rendered insolvent immediately after the transfer of the property to the legacy trust. (4) The transferor does not intend to defraud any creditor by transferri... |