reglab/housing_qa huggingface dataset:
MT Code § 72-40-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-102. Definitions

  72-40-102. Definitions. In this part, the following definitions apply:  (1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this part, or law of this state other than this part pertaining to trusts.   (2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.   (3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.   (4) "Person" has the meaning in 72-38-103.   (5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in 72-40-105(2).   (6) "Settlor" has the meaning in 72-38-103.   (7) "State" has the meaning in 72-38-103.   (8) "Terms of a trust" means:   (a) except as otherwise provided in subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provision as:   (i) expressed in the trust instrument; or   (ii) established by other evidence that would be admissible in a judicial proceeding; or   (b) the trust's provisions as established, determined, or amended by:   (i) a trustee or trust director in accordance with applicable law;   (ii) court order; or   (iii) a nonjudicial settlement agreement under 72-38-111.   (9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.   (10) "Trustee" has the meaning in 72-38-103.   History: En. Sec. 2, Ch. 325, L. 2021.
MT Code § 72-40-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-103. Application -- principal place of administration

  72-40-103. Application -- principal place of administration. (1) This part applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:  (a) if the trust was created before October 1, 2021, this part applies only to a decision or action occurring on or after October 1, 2021; and   (b) if the principal place of administration of the trust is changed to this state on or after October 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.   (2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:   (a) a principal place of business is located in or a trustee is a resident of the designated jurisdiction;   (b) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or   (c) all or part of the administration occurs in the designated jurisdiction.   History: En. Sec. 3, Ch. 325, L. 2021.
MT Code § 72-40-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-104. Common law and principles of equity

  72-40-104. Common law and principles of equity. The common law and principles of equity supplement this part, except to the extent modified by this part or law of this state other than this part.  History: En. Sec. 4, Ch. 325, L. 2021.
MT Code § 72-40-105 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-105. Exclusions

  72-40-105. Exclusions. (1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.  (2) This part does not apply to a:   (a) power of appointment;   (b) power to appoint or remove a trustee or trust director;   (c) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;   (d) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:   (i) the beneficiary; or   (ii) another beneficiary represented by the beneficiary under 72-38-301 through 72-38-305 with respect to the exercise or nonexercise of the power; or   (e) power over a trust if:   (i) the terms of the trust provide that the power is held in a nonfiduciary capacity; and   (ii) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued under it, as amended.   (3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property, which is exercisable while the person is not serving as a trustee, is a power of appointment and not a power of direction.   History: En. Sec. 5, Ch. 325, L. 2021.
MT Code § 72-40-106 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-106. through 72-40-109 reserved

  72-40-106 through 72-40-109 reserved.
MT Code § 72-40-110 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-110. Powers of trust director

  72-40-110. Powers of trust director. (1) Subject to 72-40-111, the terms of a trust may grant a power of direction to a trust director.  (2) Unless the terms of a trust provide otherwise:   (a) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1); and   (b) trust directors with joint powers shall act by majority decision.   History: En. Sec. 6, Ch. 325, L. 2021.
MT Code § 72-40-111 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-111. Limitations on trust director

  72-40-111. Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a) regarding:  (1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the Social Security Act, 42 U.S.C. 1396p(d)(4)(A), as amended, and regulations issued under it, as amended; and   (2) a charitable interest in the trust, including notice regarding the interest to the attorney general.   History: En. Sec. 7, Ch. 325, L. 2021.
MT Code § 72-40-112 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-112. Duty and liability of trust director

  72-40-112. Duty and liability of trust director. (1) Subject to subsection (2), with respect to a power of direction or further power under 72-40-110(2)(a):  (a) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:   (i) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or   (ii) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and   (b) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.   (2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwi or permitted by law other than this part to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this part.   (3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.   History: En. Sec. 8, Ch. 325, L. 2021.
MT Code § 72-40-113 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-113. Duty and liability of directed trustee

  72-40-113. Duty and liability of directed trustee. (1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a), and the trustee is not liable for the action.  (2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a) to the extent that by complying the trustee would engage in willful misconduct.   (3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:   (a) the breach involved the trustee's or other director's willful misconduct;   (b) the release was induced by improper conduct of the trustee or other director in procuring the release; or   (c) at the time of the release, the director did not know the material facts relating to the breach.   (4) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.   (5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.   History: En. Sec. 9, Ch. 325, L. 2021.
MT Code § 72-40-114 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-114. Duty to provide information to trust director or trustee

  72-40-114. Duty to provide information to trust director or trustee. (1) Subject to 72-40-115, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:  (a) the powers or duties of the trustee; and   (b) the powers or duties of the director.   (2) Subject to 72-40-115, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:   (a) the powers or duties of the director; and   (b) the powers or duties of the trustee or other director.   (3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.   (4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.   History: En. Sec. 10, Ch. 325, L. 2021.
MT Code § 72-40-115 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-115. No duty to monitor, inform, or advise

  72-40-115. No duty to monitor, inform, or advise. (1) Unless the terms of a trust provide otherwise:  (a) a trustee does not have a duty to:   (i) monitor a trust director; or   (ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and   (b) by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).   (2) Unless the terms of a trust provide otherwise:   (a) a trust director does not have a duty to:   (i) monitor a trustee or another trust director; or   (ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and   (b) by taking an action described in subsection (2)(a), a trust director does not assume the duty excluded by subsection (2)(a).   History: En. Sec. 11, Ch. 325, L. 2021.
MT Code § 72-40-116 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-116. Application to cotrustee

  72-40-116. Application to cotrustee. The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under 72-40-113 through 72-40-115.  History: En. Sec. 12, Ch. 325, L. 2021.
MT Code § 72-40-117 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-117. Limitation of action against trust director

  72-40-117. Limitation of action against trust director. (1) An action against a trust director for breach of trust must be commenced within the same limitation period as under 72-38-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances.  (2) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under 72-38-1005 in an action for breach of trust against a trustee in a like position and under similar circumstances.   History: En. Sec. 13, Ch. 325, L. 2021.
MT Code § 72-40-118 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-118. Defenses in action against trust director

  72-40-118. Defenses in action against trust director. In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.  History: En. Sec. 14, Ch. 325, L. 2021.
MT Code § 72-40-119 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-119. Jurisdiction over trust director

  72-40-119. Jurisdiction over trust director. (1) By accepting appointment as a trust director of a trust subject to this part, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.  (2) This section does not preclude other methods of obtaining jurisdiction over a trust director.   History: En. Sec. 15, Ch. 325, L. 2021.
MT Code § 72-40-120 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-120. Office of trust director

  72-40-120. Office of trust director. Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:  (1) acceptance under 72-38-701;   (2) giving of bond to secure performance under 72-38-702;   (3) reasonable compensation under 72-38-708;   (4) resignation under 72-38-705;   (5) removal under 72-38-706; and   (6) vacancy and appointment of successor under 72-38-704.   History: En. Sec. 16, Ch. 325, L. 2021.
MT Code § 72-40-121 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-121. Uniformity of application and construction

  72-40-121. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  History: En. Sec. 17, Ch. 325, L. 2021.
MT Code § 72-40-122 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-122. Relation to electronic signatures in global and national commerce act

  72-40-122. Relation to electronic signatures in global and national commerce act. This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).  History: En. Sec. 18, Ch. 325, L. 2021.
MT Code § 75-1-101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-101. Short title

  75-1-101. Short title. Parts 1 through 3 may be cited as the "Montana Environmental Policy Act".   History: En. Sec. 1, Ch. 238, L. 1971; R.C.M. 1947, 69-6501.
MT Code § 75-1-102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-102. Intent -- purpose

  75-1-102. Intent -- purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Environmental Policy Act. The Montana Environmental Policy Act is procedural, and it is the legislature's intent that the requirements of parts 1 through 3 of this chapter provide for the adequate review of state actions in order to ensure that:   (a) environmental attributes are fully considered by the legislature in enacting laws to fulfill constitutional obligations; and   (b) the public is informed of the anticipated impacts in Montana of potential state actions.   (2) The purpose of parts 1 through 3 of this chapter is to declare a state policy that will encourage productive and enjoyable harmony between humans and their environment, to protect the right to use and enjoy private property free of undue government regulation, to promote efforts that will prevent, mitigate, or eliminate damage to the environment and biosphere and stimulate the health and welfare of humans, to enrich the understanding of the ecological systems and natural resources important to the state, and to establish an environmental quality council.   (3) (a) The purpose of requiring an environmental assessment and an environmental impact statement under part 2 of this chapter is to assist the legislature in determining whether laws are adequate to address impacts to Montana's environment and to inform the public and public officials of potential impacts resulting from decisions made by state agencies.   (b) Except to the extent that an applicant agrees to the incorporation of measures in a permit pursuant to 75-1-201(4)(b), it is not the purpose of parts 1 through 3 of this chapter to provide for regulatory authority, beyond authority explicitly provided for in existing statute, to a state agency.   History: En. Sec. 2, Ch. 238, L. 1971; R.C.M. 1947, 69-6502; amd. Sec. 1, Ch. 352, L. 1995; amd. Sec. 5, Ch. 361, L. 2003; amd. Sec. 1, Ch. 396, L. 2011; amd. Sec. 35, Ch. 55, L. 2015.
MT Code § 75-1-104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-104. Specific statutory obligations unimpaired

  75-1-104. Specific statutory obligations unimpaired. Sections 75-1-103 and 75-1-201 do not affect the specific statutory obligations of any agency of the state to:   (1) comply with criteria or standards of environmental quality;   (2) coordinate or consult with any local government, other state agency, or federal agency; or   (3) act or refrain from acting contingent upon the recommendations or certification of any other state or federal agency.   History: En. Sec. 6, Ch. 238, L. 1971; R.C.M. 1947, 69-6506; amd. Sec. 1, Ch. 131, L. 2003.
MT Code § 75-1-105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-105. Policies and goals supplementary

  75-1-105. Policies and goals supplementary. The policies and goals set forth in parts 1 through 3 are supplementary to those set forth in existing authorizations of all boards, commissions, and agencies of the state.   History: En. Sec. 7, Ch. 238, L. 1971; R.C.M. 1947, 69-6507.
MT Code § 75-1-106 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-106. Private property protection -- ongoing programs of state government

  75-1-106. Private property protection -- ongoing programs of state government. Nothing in 75-1-102, 75-1-103, or 75-1-201 expands or diminishes private property protection afforded in the U.S. or Montana constitutions. Nothing in 75-1-102, 75-1-103, or 75-1-201 may be construed to preclude ongoing programs of state government pending the completion of any statements that may be required by 75-1-102, 75-1-103, or 75-1-201.   History: En. Sec. 4, Ch. 352, L. 1995.
MT Code § 75-1-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-107. Determination of constitutionality

  75-1-107. Determination of constitutionality. In any action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.   History: En. Sec. 2, Ch. 361, L. 2003.
MT Code § 75-1-108 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-108. Venue

  75-1-108. Venue. A proceeding to challenge an action taken pursuant to parts 1 through 3, 10, and 11 must be brought in the county in which the activity that is the subject of the action is proposed to occur or will occur. If an activity is proposed to occur or will occur in more than one county, the proceeding may be brought in any of the counties in which the activity is proposed to occur or will occur.  History: En. Sec. 37, Ch. 361, L. 2003; amd. Sec. 26, Ch. 535, L. 2021.
MT Code § 75-1-109 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 1. Environmental Policy and Protection Generally|Part 1. General Provisions|75-1-109. reserved

  75-1-109 reserved.