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HI HB1853

Bill

Status

Introduced

1/21/2014

Primary Sponsor

Isaac Choy

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Waives the trustee's duty to diversify trust assets when a trust provision directs the retention of any property, except in cases of willful misconduct.

  • Requires a dissenting trustee to dissent in writing before a transaction is completed or to a failure to act or enter into a transaction in a reasonably timely manner.

  • Allows a settlor to designate investment decisions entirely to an investment advisor while assigning administrative functions to a separate administrative trustee, creating "directed trusts."

  • Protects fiduciaries from liability when following an advisor's direction, provided the advisor was appointed by the settlor and the trustee has dissented in writing or is not required to dissent under specified conditions.

  • Effective July 1, 2014; intended to make Hawaii competitive with 34 other states that allow directed trusts and retain trust business within the state.

Legislative Description

Trusts; Diversification; Trust Administration; Trustees; Standards and Performance; Advisors

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Belatti, Cachola, Takai excused (3).

2/10/2014

Committee Referrals

Judiciary2/10/2014
Consumer Protection & Commerce1/21/2014

Full Bill Text

No bill text available