75-7-902 - Standard of care -- Portfolio strategy -- Risk and return objectives. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-07 > 75-7-902

75-7-902. Standard of care -- Portfolio strategy -- Risk and return objectives.
(1) A trustee shall invest and manage trust assets as a prudent investor would, byconsidering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(2) A trustee's investment and management decisions respecting individual assets mustbe evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of anoverall investment strategy having risk and return objectives reasonably suited to the trust.
(3) Among circumstances that a trustee shall consider in investing and managing trustassets are the following which may be relevant to the trust or its beneficiaries:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the expected tax consequences of investment decisions or strategies;
(d) the role that each investment or course of action plays within the overall trustportfolio, which may include financial assets, interests in closely held enterprises, tangible andintangible personal property, and real property;
(e) the expected total return from income and the appreciation of capital;
(f) other resources of the beneficiaries;
(g) needs for liquidity, regularity of income, and preservation or appreciation of capital;and
(h) an asset's special relationship or special value, if any, to the purposes of the trust or toone or more of the beneficiaries.
(4) A trustee shall make a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(5) A trustee may invest in any kind of property or type of investment consistent with thestandards of this chapter.

Enacted by Chapter 89, 2004 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-07 > 75-7-902

75-7-902. Standard of care -- Portfolio strategy -- Risk and return objectives.
(1) A trustee shall invest and manage trust assets as a prudent investor would, byconsidering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(2) A trustee's investment and management decisions respecting individual assets mustbe evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of anoverall investment strategy having risk and return objectives reasonably suited to the trust.
(3) Among circumstances that a trustee shall consider in investing and managing trustassets are the following which may be relevant to the trust or its beneficiaries:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the expected tax consequences of investment decisions or strategies;
(d) the role that each investment or course of action plays within the overall trustportfolio, which may include financial assets, interests in closely held enterprises, tangible andintangible personal property, and real property;
(e) the expected total return from income and the appreciation of capital;
(f) other resources of the beneficiaries;
(g) needs for liquidity, regularity of income, and preservation or appreciation of capital;and
(h) an asset's special relationship or special value, if any, to the purposes of the trust or toone or more of the beneficiaries.
(4) A trustee shall make a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(5) A trustee may invest in any kind of property or type of investment consistent with thestandards of this chapter.

Enacted by Chapter 89, 2004 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-07 > 75-7-902

75-7-902. Standard of care -- Portfolio strategy -- Risk and return objectives.
(1) A trustee shall invest and manage trust assets as a prudent investor would, byconsidering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(2) A trustee's investment and management decisions respecting individual assets mustbe evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of anoverall investment strategy having risk and return objectives reasonably suited to the trust.
(3) Among circumstances that a trustee shall consider in investing and managing trustassets are the following which may be relevant to the trust or its beneficiaries:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the expected tax consequences of investment decisions or strategies;
(d) the role that each investment or course of action plays within the overall trustportfolio, which may include financial assets, interests in closely held enterprises, tangible andintangible personal property, and real property;
(e) the expected total return from income and the appreciation of capital;
(f) other resources of the beneficiaries;
(g) needs for liquidity, regularity of income, and preservation or appreciation of capital;and
(h) an asset's special relationship or special value, if any, to the purposes of the trust or toone or more of the beneficiaries.
(4) A trustee shall make a reasonable effort to verify facts relevant to the investment andmanagement of trust assets.
(5) A trustee may invest in any kind of property or type of investment consistent with thestandards of this chapter.

Enacted by Chapter 89, 2004 General Session