reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-807 - Delegation by trustee

(a)
A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1)
selecting an agent;
(2)
establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3)
periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
(b)
In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(c)
A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d)
By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of a court of this state.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-808 - [Repealed]

Repealed by Act 2019, No. 1021,§ 4, eff. 1/1/2020.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-809 - Control and protection of trust property

A trustee shall take reasonable steps to take control of and protect the trust property.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-810 - Recordkeeping and identification of trust property

(a)
A trustee shall keep adequate records of the administration of the trust.
(b)
A trustee shall keep trust property separate from the trustee's own property.
(c)
Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(d)
If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two (2) or more separate trusts.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-811 - Enforcement and defense of claims

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-812 - Collecting trust property

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-813 - Duty to inform and report

(a)
A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.
(b)
A trustee:
(1)
upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2)
within sixty (60) days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number; and
(3)
within sixty (60) days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries:
(A)
of the trust's existence;
(B)
of the identity of the settlor or settlors;
(C)
of the right to request a copy of the trust instrument;
(D)
of the right to a trustee's report as provided in subsection (c); and
(E)
in advance of any change in the method or rate of the trustee's compensation.
(c)
(1)
A trustee shall send to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values.
(2)
Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee.
(3)
A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.
(d)
A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
(e)
Subsections (a)-(c) apply only to an irrevocable trust created on or after September 1, 2005, and to a revocable trust which becomes irrevocable on or after September 1, 2005.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-814 - Discretionary powers - Tax savings

(a)
Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b)
Subject to subsection (d), and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:
(1)
a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and
(2)
a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.
(c)
A power whose exercise is limited or prohibited by subsection (b) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, a court may appoint a special fiduciary with authority to exercise the power.
(d)
Subsection (b) does not apply to:
(1)
a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code of 1986, as in effect on January 1, 2005, was previously allowed;
(2)
any trust during any period that the trust may be revoked or amended by its settlor; or
(3)
a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code of 1986, as in effect on January 1, 2005.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-815 - General powers of trustee

(a)
A trustee, without authorization by a court, may exercise:
(1)
powers conferred by the terms of the trust; and
(2)
except as limited by the terms of the trust:
(A)
all powers over the trust property which an unmarried competent owner has over individually owned property;
(B)
any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(C)
any other powers conferred by this chapter.
(b)
The exercise of a power is subject to the fiduciary duties prescribed by this subchapter.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 8 - DUTIES AND POWERS OF TRUSTEE (§§ 28-73-801 — 28-73-818) › Section 28-73-817 - Distribution upon termination

(a)
Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty (30) days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(b)
Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(c)
A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1)
it was induced by improper conduct of the trustee; or
(2)
the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-901 - Prudent investor rule

(a)
Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this subchapter.
(b)
The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-902 - Standard of care - Portfolio strategy - Risk and return objectives

(a)
A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(b)
A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(c)
Among circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries:
(1)
general economic conditions;
(2)
the possible effect of inflation or deflation;
(3)
the expected tax consequences of investment decisions or strategies;
(4)
the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;
(5)
the expected total return from income and the appreciation of capital;
(6)
other resources of the beneficiaries;
(7)
needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(8)
an asset's special relationship or special value, if any, to the purposes of the trust or to one (1) or more of the beneficiaries.
(d)
A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.
(e)
A trustee may invest in any kind of property or type of investment consistent with the standards of this subchapter.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-903 - Diversification

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-904 - Duties at inception of trusteeship

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this subchapter.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-905 - Reviewing compliance

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-906 - Language invoking standard of subchapter

The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this subchapter: "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital", "prudent man rule", "prudent trustee rule", "prudent person rule", and "prudent investor rule".
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-907 - Application to existing trusts

This subchapter applies to trusts existing on and created after September 1, 2005.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 9 - UNIFORM PRUDENT INVESTOR ACT (§§ 28-73-901 — 28-73-908) › Section 28-73-908 - Uniformity of application and construction

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among the states enacting it.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 28-73-1001 - Remedies for breach of trust

(a)
A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b)
To remedy a breach of trust that has occurred or may occur, the court may:
(1)
compel the trustee to perform the trustee's duties;
(2)
enjoin the trustee from committing a breach of trust;
(3)
compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4)
order a trustee to account;
(5)
appoint a special fiduciary to take possession of the trust property and administer the trust;
(6)
suspend the trustee;
(7)
remove the trustee as provided in §
28-73-706
;
(8)
reduce or deny compensation to the trustee;
(9)
subject to §
28-73-1012
, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10)
order any other appropriate relief.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES (§§ 28-73-1001 — 28-73-1013) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 11 - MISCELLANEOUS PROVISIONS (§§ 28-73-1101 — 28-73-1106) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 11 - MISCELLANEOUS PROVISIONS (§§ 28-73-1101 — 28-73-1106) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 11 - MISCELLANEOUS PROVISIONS (§§ 28-73-1101 — 28-73-1106) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 11 - MISCELLANEOUS PROVISIONS (§§ 28-73-1101 — 28-73-1106) › Section 28-73-1104 - Effective date

This chapter takes effect on September 1, 2005.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 73 - ARKANSAS TRUST CODE (§§ 28-73-101 — 28-73-1106) › Subchapter 11 - MISCELLANEOUS PROVISIONS (§§ 28-73-1101 — 28-73-1106) › Section 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.
Acts 2005, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 28-74-101 - Short title

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Acts 2011, No. 159, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 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.
Acts 2011, No. 159, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 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.
Acts 2011, No. 159, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 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.
Acts 2011, No. 159, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 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.
Acts 2011, No. 159, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-74-101 — 28-74-106) › Section 28-74-106 - Taking testimony in another state

(a)
In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b)
In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Acts 2011, No. 159, § 1.