§558-8 - Disclosure of beneficiaries.
§558-8 Disclosure of beneficiaries.
(a) Any trust created hereunder shall be invalid unless the recorded
conveyance document transferring title to the trustee discloses the name and
pro rata interest of each beneficiary of such trust.
(b) Upon service of a complaint, or similar
pleading, in federal or state court to which the trustee is required to
respond, the trustee shall disclose in the response the name of every
beneficiary with a present interest in trust property which is a subject of the
action. This subsection shall be liberally construed to require identification
of the actual parties to the controversy.
(c) Upon receipt of a notice of violation of
any ordinance, rule, regulation, or law relating to real property held in
trust, the trustee shall disclose to the State, political subdivision, or
agency giving notice or which is primarily responsible for enforcement of such
ordinance, rule, regulation, or law, the identity of every beneficiary who has
an interest in the trust property. This subsection shall be liberally
construed to require identification of the actual parties who are being
notified of the violation.
(d) As part of any contract relating to the
ownership or use of real property which is the subject of a land trust and is entered
into by and between the State or any local governmental unit or any agency of
either and a trustee under a land trust, the trustee shall disclose the
identity of every beneficiary of the land trust. This subsection shall be
liberally construed to require identification of the actual parties benefiting
from a transaction with a governmental unit or agency.
(e) Whenever any trustee or beneficiary of a
land trust applies or supports an application to the State or any local
governmental unit or any agency of either for any benefit, authorization,
license, land use or permit relating to the land which is the subject of the
land trust, such application shall identify every beneficiary of the land
trust. This subsection shall be liberally construed to require identification
of the actual parties benefiting from the actions of governmental units and
agencies.
(f) A trustee who discloses the identity of a
beneficiary pursuant to law shall not be liable in any civil action as a result
of the disclosure. [L 1978, c 151, pt of §1; am L 1982, c 127, §2]