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MS HB1104

Bill

Status

Enrolled

4/10/2012

Primary Sponsor

Angela Cockerham

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Creates the Uniform Prudent Management of Institutional Funds Act to govern how charitable institutions manage and invest endowment funds and other institutional funds held for charitable purposes

  • Establishes a prudent investor standard requiring fund managers to act in good faith with the care an ordinarily prudent person would exercise, considering factors such as general economic conditions, inflation, tax consequences, and expected returns

  • Allows institutions to delegate investment management to external agents while maintaining oversight, with protection from liability for agent decisions absent gross negligence or misconduct

  • Permits institutions to appropriate endowment fund assets for expenditure as deemed prudent, rather than being limited to spending only "income" or "interest" as traditionally interpreted

  • Provides a court process to modify donor restrictions on fund management or purpose when original restrictions become impracticable, wasteful, or impossible to achieve

  • Repeals the prior Uniform Management of Institutional Funds Act (Sections 79-11-601 through 79-11-617) and takes effect July 1, 2012

Legislative Description

Uniform laws; enact Uniform Prudent Management of Institutional Funds Act.

Last Action

Due From Governor 04/16/12

4/10/2012

Full Bill Text

No bill text available