§ 36C‑9‑902. Standard of care; portfolio strategy; risk and return objectives.
(a) A trustee shallinvest and manage trust assets as a prudent investor would, by considering thepurposes, terms, distribution requirements, and other circumstances of the trust.In satisfying this standard, the trustee shall exercise reasonable care, skill,and caution.
(b) A trustee'sinvestment and management decisions respecting individual assets must beevaluated not in isolation but in the context of the trust portfolio as a wholeand as a part of an overall investment strategy having risk and returnobjectives reasonably suited to the trust.
(c) Among circumstancesthat a trustee shall consider in investing and managing trust assets are any ofthe following that are relevant to the trust or its beneficiaries:
(1) General economicconditions;
(2) The possible effectof inflation or deflation;
(3) The expected taxconsequences of investment decisions or strategies;
(4) The role that eachinvestment or course of action plays within the overall trust portfolio, whichmay include financial assets, interests in closely held enterprises, tangibleand intangible personal property, and real property;
(5) The expected totalreturn from income and the appreciation of capital;
(6) Other resources ofthe beneficiaries known to the trustee;
(7) Needs for liquidity,regularity of income, and preservation or appreciation of capital; and
(8) An asset's specialrelationship or special value, if any, to the purposes of the trust or to oneor more of the beneficiaries.
(d) A trustee shallmake a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(e) A trustee mayinvest in any kind of property or type of investment consistent with thestandards of this Article. (1999‑215, s. 1; 2005‑192, s. 2.)
§ 36C‑9‑902. Standard of care; portfolio strategy; risk and return objectives.
(a) A trustee shallinvest and manage trust assets as a prudent investor would, by considering thepurposes, terms, distribution requirements, and other circumstances of the trust.In satisfying this standard, the trustee shall exercise reasonable care, skill,and caution.
(b) A trustee'sinvestment and management decisions respecting individual assets must beevaluated not in isolation but in the context of the trust portfolio as a wholeand as a part of an overall investment strategy having risk and returnobjectives reasonably suited to the trust.
(c) Among circumstancesthat a trustee shall consider in investing and managing trust assets are any ofthe following that are relevant to the trust or its beneficiaries:
(1) General economicconditions;
(2) The possible effectof inflation or deflation;
(3) The expected taxconsequences of investment decisions or strategies;
(4) The role that eachinvestment or course of action plays within the overall trust portfolio, whichmay include financial assets, interests in closely held enterprises, tangibleand intangible personal property, and real property;
(5) The expected totalreturn from income and the appreciation of capital;
(6) Other resources ofthe beneficiaries known to the trustee;
(7) Needs for liquidity,regularity of income, and preservation or appreciation of capital; and
(8) An asset's specialrelationship or special value, if any, to the purposes of the trust or to oneor more of the beneficiaries.
(d) A trustee shallmake a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(e) A trustee mayinvest in any kind of property or type of investment consistent with thestandards of this Article. (1999‑215, s. 1; 2005‑192, s. 2.)
§ 36C‑9‑902. Standard of care; portfolio strategy; risk and return objectives.
(a) A trustee shallinvest and manage trust assets as a prudent investor would, by considering thepurposes, terms, distribution requirements, and other circumstances of the trust.In satisfying this standard, the trustee shall exercise reasonable care, skill,and caution.
(b) A trustee'sinvestment and management decisions respecting individual assets must beevaluated not in isolation but in the context of the trust portfolio as a wholeand as a part of an overall investment strategy having risk and returnobjectives reasonably suited to the trust.
(c) Among circumstancesthat a trustee shall consider in investing and managing trust assets are any ofthe following that are relevant to the trust or its beneficiaries:
(1) General economicconditions;
(2) The possible effectof inflation or deflation;
(3) The expected taxconsequences of investment decisions or strategies;
(4) The role that eachinvestment or course of action plays within the overall trust portfolio, whichmay include financial assets, interests in closely held enterprises, tangibleand intangible personal property, and real property;
(5) The expected totalreturn from income and the appreciation of capital;
(6) Other resources ofthe beneficiaries known to the trustee;
(7) Needs for liquidity,regularity of income, and preservation or appreciation of capital; and
(8) An asset's specialrelationship or special value, if any, to the purposes of the trust or to oneor more of the beneficiaries.
(d) A trustee shallmake a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(e) A trustee mayinvest in any kind of property or type of investment consistent with thestandards of this Article. (1999‑215, s. 1; 2005‑192, s. 2.)
