reglab/housing_qa huggingface dataset:
AR Code § 28-73-1002 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1002. Damages for breach of trust

 (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:  (1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or  (2) the profit the trustee made by reason of the breach.    (b) Except as otherwise provided in this subsection, if more than one (1) trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
AR Code § 28-73-1003 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1003. Damages in absence of breach

 (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.  (b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
AR Code § 28-73-1004 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1004. Attorney's fees and costs

 In a judicial proceeding involving the administration of a trust, a court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
AR Code § 28-73-1005 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1005. Limitation of action against trustee

 (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.  (b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.  (c) If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within five (5) years after the first to occur of:  (1) the removal, resignation, or death of the trustee;  (2) the termination of the beneficiary's interest in the trust; or  (3) the termination of the trust.
AR Code § 28-73-1006 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1006. Reliance on trust instrument

 A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
AR Code § 28-73-1007 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1007. Event affecting administration or distribution

 If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
AR Code § 28-73-1008 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1008. Exculpation of trustee

 (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or  (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.    (b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.  (c) This section applies only to irrevocable trusts created on or after September 1, 2005, and to revocable trusts which become irrevocable on or after September 1, 2005.
AR Code § 28-73-1009 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1009. Beneficiary's consent, release, or ratification

 A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:   (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or  (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
AR Code § 28-73-1010 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1010. Limitation on personal liability of trustee

 (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.  (b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.  (c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
AR Code § 28-73-1011 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1011. Interest as general partner

 (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act (1996), § 4-46-101 et seq., or the Revised Limited Partnership Act of 1991, § 4-43-101 et seq. [repealed].  (b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.  (c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one (1) or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.  (d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
AR Code § 28-73-1012 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1012. Protection of person dealing with trustee

 (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.  (b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.  (c) A person who in good faith delivers assets to a trustee need not ensure their proper application.  (d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.  (e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
AR Code § 28-73-1013 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 28-73-1013. Certification of trust

 (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:  (1) a statement that the trust exists and the date the trust instrument was executed;  (2) the identity of the settlor;  (3) the identity and address of the currently acting trustee;  (4) the powers of the trustee;  (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;  (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and  (7) the manner of taking title to trust property.    (b) A certification of trust may be signed or otherwise authenticated by any trustee.  (c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.  (d) A certification of trust need not contain the dispositive terms of a trust.  (e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.  (f)  (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification.  (2) Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.    (g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.  (h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if a court determines that the person did not act in good faith in demanding the trust instrument.  (i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
AR Code § 28-73-1101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 11 - Miscellaneous Provisions|§ 28-73-1101. Uniformity of application and construction

 In applying and construing this chapter consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AR Code § 28-73-1102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 11 - Miscellaneous Provisions|§ 28-73-1102. Electronic records and signatures

 The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq.
AR Code § 28-73-1103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 11 - Miscellaneous Provisions|§ 28-73-1103. Severability clause

 If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
AR Code § 28-73-1104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 11 - Miscellaneous Provisions|§ 28-73-1104. Effective date

 This chapter takes effect on September 1, 2005.
AR Code § 28-73-1106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 11 - Miscellaneous Provisions|§ 28-73-1106. Application to existing relationships

 (a) Except as otherwise provided in this chapter, on September 1, 2005:  (1) this chapter applies to all trusts created before, on, or after September 1, 2005;  (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005;  (3) this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;  (4) any rule of construction or presumption provided in this chapter applies to trust instruments executed before September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and  (5) an act done before September 1, 2005, is not affected by this chapter.    (b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before September 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.
AR Code § 28-74-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 74 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Subchapter 1 - General Provisions|§ 28-74-101. Short title

 This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
AR Code § 28-74-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 74 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Subchapter 1 - General Provisions|§ 28-74-102. Definitions

 In this chapter:   (1) “Adult” means an individual who has attained eighteen (18) years of age.  (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under § 28-67-105.  (3) “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under the Adult Maltreatment Custody Act, § 9-20-101 et seq., § 28-65-201 et seq., and the Uniform Veterans' Guardianship Act, § 28-66-101 et seq.  (4) “Guardianship order” means an order appointing a guardian.  (5) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.  (6) “Incapacitated person” means an adult for whom a guardian has been appointed.  (7) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.  (8) “Person,” except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.  (9) “Protected person” means an adult for whom a protective order has been issued.  (10) “Protective order” means an order appointing a conservator or other order related to management of an adult's property.  (11) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.  (12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (13) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.  (14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
AR Code § 28-74-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 74 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Subchapter 1 - General Provisions|§ 28-74-103. International application of chapter

 A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter, § 28-74-201 et seq., § 28-74-301 et seq., and § 28-74-501 et seq.
AR Code § 28-74-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 74 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Subchapter 1 - General Provisions|§ 28-74-104. Communication between courts

 (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.  (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
AR Code § 28-74-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 74 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Subchapter 1 - General Provisions|§ 28-74-105. Cooperation between courts

 (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:  (1) hold an evidentiary hearing;  (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;  (3) order that an evaluation or assessment be made of the respondent;  (4) order any appropriate investigation of a person involved in a proceeding;  (5) forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);  (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;  (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 160.103 as it existed on January 15, 2011.    (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.