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HI HB1853
Bill
Status
1/21/2014
Primary Sponsor
Isaac Choy
Click for details
AI Summary
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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.
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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.
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Allows a settlor to designate investment decisions entirely to an investment advisor while assigning administrative functions to a separate administrative trustee, creating "directed trusts."
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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.
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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