Section 13.38.620. Business and other activities conducted by trustee.

   (a) If a trustee that conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or other activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for the transactions of the business or other activity, whether or not the assets of the business or other activity are segregated from other trust assets.
   (b) A trustee who accounts separately for a business or other activity may determine the extent to which
        (1) its net cash receipts are retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity; and
        (2) the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records.
   (c) If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is not required any longer in the conduct of the business.
   (d) Activities for which a trustee may maintain separate accounting records include
        (1) retail, manufacturing, service, and other traditional business activities;
        (2) farming;
        (3) raising and selling livestock and other animals;
        (4) management of rental properties;
        (5) extraction of minerals and other natural resources;
        (6) timber operations; and
        (7) activities to which AS 13.38.740 applies.

Authorities

13.38.600;13.38.660;13.38.740;13.38.830

Notes

References

AS 13.38.600 Allocation of property from entities.
AS 13.38.660 Insurance policies and similar contracts.
AS 13.38.740 Derivatives and options.
AS 13.38.830 Transfers to principal for depreciation.

History

(Sec. 2 ch 145 SLA 2003)