reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.3. Custodial trustee for future payment or transfer

RS 9:2260.3 - Custodial trustee for future payment or transfer
A. A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for ___________________ (name of beneficiary) under the Louisiana Uniform Custodial Trust Act".
B. Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
C. A designation under this Section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.4. Form and effect of receipt and acceptance by custodial trustee; jurisdiction

RS 9:2260.4 - Form and effect of receipt and acceptance by custodial trustee; jurisdiction
A. Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this Chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
B. The custodial trustee's acceptance may be evidenced by a writing stating in substance:
"CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE
I, _______________(name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for _______________(name of beneficiary) under the Louisiana Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Louisiana Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ______________________________.
Dated:_________________________
______________________________
(Signature of Custodial Trustee)"
C. Upon accepting custodial trust property, a person designated as custodial trustee under this Chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.5. Transfer to custodial trustee by fiduciary or obligor; facility of payment

RS 9:2260.5 - Transfer to custodial trustee by fiduciary or obligor; facility of payment
A. Unless otherwise directed by an instrument designating a custodial trustee pursuant to R.S. 9:2260.3, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a curator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds twenty thousand dollars, the transfer is not effective unless authorized by the court.
B. A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this Section.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.6. Multiple beneficiaries; separate custodial trusts; survivorship

RS 9:2260.6 - Multiple beneficiaries; separate custodial trusts; survivorship
A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for the use and benefit of a husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship. For purposes of this Section, "survivorship" means right of accretion.
B. Custodial trust property held under this Chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
C. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to R.S. 9:2260.7 and 2260.15 for the administration of the custodial trust.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.7. General duties of custodial trustee

RS 9:2260.7 - General duties of custodial trustee
A. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
B. If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of special skill or expertise, the custodial trustee shall use that skill or expertise.
C. Subject to Subsection B, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
D. A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for _______________(name of beneficiary) under the Louisiana Uniform Custodial Trust Act".
E. A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
F. The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.8. General powers of custodial trustee

RS 9:2260.8 - General powers of custodial trustee
A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
B. This Section does not relieve a custodial trustee from liability for a violation of R.S. 9:2260.7.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.9. Use of custodial trust property

RS 9:2260.9 - Use of custodial trust property
A. A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary, while not incapacitated, may direct from time to time.
B. If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
C. A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.10. Determination of incapacity; effect

RS 9:2260.10 - Determination of incapacity; effect
A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary in the event of any of the following:
(1) The custodial trust was created under R.S. 9:2260.5.
(2) The transferor has so directed in the instrument creating the custodial trust.
(3) The custodial trustee has determined that the beneficiary is incapacitated.
B. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:
(1) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.
(2) The certificate of the beneficiary's physician.
(3) Other persuasive evidence.
C. If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
D. On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
E. Absent a determination of incapacity of the beneficiary under Subsection B or D, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this Chapter applicable to an incapacitated beneficiary.
F. Incapacity of a beneficiary does not terminate any of the following:
(1) The custodial trust.
(2) Any designation of a successor custodial trustee.
(3) Rights or powers of the custodial trustee.
(4) Any immunities of third persons acting on instructions of the custodial trustee.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.11. Exemption of third person from liability

RS 9:2260.11 - Exemption of third person from liability
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining any of the following:
(1) The validity of the purported custodial trustee's designation.
(2) The propriety of, or the authority under this Chapter for, any action of the purported custodial trustee.
(3) The validity or propriety of an instrument executed or instruction given pursuant to this Chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee.
(4) The propriety of the application of property vested in the purported custodial trustee.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.12. Liability to third person

RS 9:2260.12 - Liability to third person
A. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
B. A custodial trustee is not personally liable to a third person either:
(1) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract.
(2) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
C. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
D. Subsections B and C do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.14. Expenses, compensation, and bond of custodial trustee

RS 9:2260.14 - Expenses, compensation, and bond of custodial trustee
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services.
(2) Has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year.
(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.15. Reporting and accounting by custodial trustee; determination of liability of custodial trustee

RS 9:2260.15 - Reporting and accounting by custodial trustee; determination of liability of custodial trustee
A.(1) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property as follows:
(a) Once each year.
(b) Upon request at reasonable times by the beneficiary or the beneficiary's legal representative.
(c) Upon resignation or removal of the custodial trustee.
(d) Upon termination of the custodial trust.
(2) The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
B. A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
C. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
D. In an action or proceeding under this Chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
E. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
F. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of the custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.16. Limitations of action against custodial trustee

RS 9:2260.16 - Limitations of action against custodial trustee
A. Except as provided in Subsection C, unless previously barred by adjudication, consent, or prescription, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee who either:
(1) Has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) Has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
B. Except as provided in Subsection C, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
C. A claim for relief is not barred by this Section if the claimant:
(1) Is a minor, until the earlier of two years after the claimant becomes an adult or dies.
(2) Is an incapacitated adult, until two years after any of the following, whichever occurs first:
(a) The appointment of a curator.
(b) The removal of the incapacity.
(c) The death of the claimant.
(3) Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death if he died less than five years after termination of the custodial trust.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.17. Distribution on termination

RS 9:2260.17 - Distribution on termination
A. Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property to one of the following:
(1) To the beneficiary, if not incapacitated or deceased.
(2) To the curator or other recipient designated by the court for an incapacitated beneficiary.
(3) Upon the beneficiary's death, in the following order:
(a) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary.
(b) To the survivor of multiple beneficiaries if survivorship, or right of accretion, is provided for pursuant to R.S. 9:2260.6.
(c) As designated in the instrument creating the custodial trust.
(d) To the estate of the deceased beneficiary.
B. If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
C. Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.19. Applicable law

RS 9:2260.19 - Applicable law
A. This Chapter applies to a transfer or declaration creating a custodial trust that refers to this Chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this Chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
B. A transfer made pursuant to an act of another state substantially similar to this Chapter is governed by the law of that state and may be enforced in this state.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2260.20. Uniformity of application and construction

RS 9:2260.20 - Uniformity of application and construction
This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2262.1. Definitions

RS 9:2262.1 - Definitions
A. As used in this Chapter, "foreign trust" shall mean any of the following:
(1) A trust which by the terms of the trust instrument is governed by the law of a jurisdiction other than Louisiana.
(2) A trust of which the settlor was domiciled in a jurisdiction other than Louisiana at the time the trust was created.
B. As used in this Chapter, "institutional trustee" shall mean an entity entitled to serve as a trustee pursuant to the provisions of R.S. 9:1783(A)(2) and (B).
Acts 2001, No. 890, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2262.2. Recordation of instruments

RS 9:2262.2 - Recordation of instruments
A. If at any time the trust property of a foreign trust includes immovables or other property in Louisiana the title to which must be recorded in order to affect third persons, a trustee shall file the trust instrument, an extract of trust, or a copy of the trust instrument or extract of trust certified by the clerk of court for the parish in which the original trust instrument or extract of trust was filed, for record in each parish in which the property is located. Nevertheless, if the trust instrument contains a transfer of immovable property or other property the title to which must be recorded in order to affect third persons, a trustee shall file the trust instrument for record in the parish in which the property is located.
B.(1) For purposes of recording an extract of a trust instrument, such an extract of a trust instrument either shall be in such form and contain such information as may be lawful under the law of the jurisdiction which the parties have expressly chosen to govern the trust, or shall be executed by either the settlor or the trustee and shall include all of the following:
(a) The name of the trust, if any.
(b) A statement as to whether the trust is revocable or irrevocable.
(c) The name of each settlor.
(d) The name of each trustee and name or other description of the beneficiary or beneficiaries.
(e) The date of execution of the trust.
(f) Any limitation or restriction on the power of the trustee to alienate, lease, or encumber immovable property contained in the trust instrument.
(g) Any other provisions of the trust instrument as the party executing the extract deems useful.
(2) When an extract of trust is recorded pursuant to Subsection A of this Section, any limitation or restriction in the trust instrument on the power of the trustee to alienate, lease or encumber immovable property shall not be effective against third persons unless it is recited in the extract of trust.
(3) The provisions of this Section authorizing the filing of an extract of the trust instrument or a clerk-certified copy of the trust instrument or extract of trust without a description of the property are remedial and shall be applied retroactively to any trust extract or clerk-certified copy of either the trust instrument or extract of trust theretofore filed for record which is in substantial compliance with the provisions of this Subsection, and such extract or clerk-certified copy shall affect third persons as of the date of recordation. If the extract of an inter vivos trust instrument or clerk-certified copy thereof is recorded, the failure of the trust instrument to be in the form required by R.S. 9:2262.4 shall not be effective against third persons, who shall be immune from claims based on the failure of the trust instrument to be in the form required by R.S. 9:2262.4.
Acts 2001, No. 890, §1; Acts 2012, No. 740, §1; Acts 2016, No. 544, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2262.3. Authority to convey

RS 9:2262.3 - Authority to convey
The authority of a trustee of a foreign trust or his representative to execute and deliver a conveyance of immovable property situated in Louisiana may be evidenced in any manner that is lawful under the law which the parties have expressly chosen to govern the trust.
Acts 2001, No. 890, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2262.4. Form

RS 9:2262.4 - Form
A trust instrument executed outside this state in the manner prescribed by, and in conformity with, the law of the place of its execution, or the law of the settlor's domicile, at the time of its execution shall be deemed to be legally executed and shall have the same force and effect in this state as if executed in the manner prescribed by the laws of this state, provided the trust instrument is in writing and subscribed by the settlor.
Acts 2001, No. 890, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2263. Trust for the care of an animal

RS 9:2263 - Trust for the care of an animal
A. A trust may be created to provide for the care of one or more animals that are in being and ascertainable on the date of the creation of the trust.
B. The trust instrument may designate a caregiver for each animal. An animal's caregiver will have the custody of the animal and be responsible for its care. If no caregiver is designated or if the designated or appointed caregiver is unable or unwilling to serve, the trustee shall appoint or act as the caregiver.
C. The trust instrument may designate a person to enforce the provisions of the trust. If no person is designated or if the designated person is unable or unwilling to serve, the settlor or any of his successors or a caregiver may enforce the trust.
D. Trust property may be used only for the care of each animal and for reasonable compensation and expenses of the trustee and the caregiver.
E. If the proper court determines that the value of the trust substantially exceeds the amount required to care for each animal and for reasonable compensation and expenses of the trustee and the caregiver, the court may terminate the trust as to the excess portion.
F. The trust shall terminate upon the death of the last surviving animal provided for in the trust instrument.
G. The trust instrument may designate a person to receive the property upon partial or complete termination of the trust. In the absence of a designation, the trust property shall be distributed upon termination to the settlor, if living, or to the settlor's successors.
H. A trust instrument that provides for the care of one or more animals shall be liberally construed to sustain its effectiveness and to fulfill the intent of the settlor.
I. Unless otherwise required by the trust instrument or the proper court, a trustee is not required to post security or provide an accounting.
J. In all matters for which no provision is made in this Section, a trust for the care of an animal shall be governed by the provisions of the Louisiana Trust Code.
Acts 2015, No. 219, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2271. Charitable purpose; beneficiary; conditions

RS 9:2271 - Charitable purpose; beneficiary; conditions
A charitable trust is created when a person makes a donation inter vivos or mortis causa in trust for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to society. The trust instrument may be specific or general in the statement of its purposes and may include any conditions that are not contrary to law or good morals. The charitable trust may have as its purpose to benefit one or more institutional beneficiaries. An "institutional beneficiary" is a trust, corporation, or other entity that has any of the foregoing purposes and is a current mandatory or discretionary beneficiary. Otherwise, the beneficiaries of the trust shall be selected by the trustee or any other person, pursuant to the terms of the trust instrument.
Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2272. Trustees

RS 9:2272 - Trustees
The trust instrument may designate the trustee or trustees or provide a method for their designation, including provision for the appointment of additional trustees and successor trustees. If the trust has no trustee or fewer trustees than the instrument requires, the vacancy shall be filled in the following order: pursuant to the procedures set forth in the trust instrument; or, if no effective procedure is set forth, by a majority of the remaining trustees; or, if a majority cannot agree or the office of trustee is vacant, by agreement of a majority in interest of the institutional beneficiaries; or, if there are no institutional beneficiaries or they cannot agree, by the proper court upon the application of any person. The trustee appointed by the proper court shall be a person described in R.S. 9:2273(2). Notice and an opportunity to be heard shall be given to the trustees, the institutional beneficiaries, and any person appointed to enforce the trust pursuant to R.S. 9:2275. If there are no trustees, institutional beneficiaries, or persons appointed to enforce the trust, notice shall be given to the attorney general.
Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2273. Who may be trustee

RS 9:2273 - Who may be trustee
Only the following persons may serve as a trustee of a trust established by this Part:
(1) A natural person enjoying full capacity to contract who is a citizen or resident alien of the United States.
(2) A federally insured depository institution organized under the laws of Louisiana, another state, or of the United States, or a financial institution or trust company authorized to exercise trust or fiduciary powers under the laws of Louisiana or of the United States.
Acts 2003, No. 480, §1; Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2274. Application of Louisiana Trust Code

RS 9:2274 - Application of Louisiana Trust Code
Whenever the law pertaining to charitable trusts is silent, the Louisiana Trust Code shall apply, but no provision of the Louisiana Trust Code or other law shall be applied to invalidate a trust or any provision thereof permitted by this Part, or to prevent a charitable tax deduction or to affect adversely the trust's tax-exempt charitable status.
Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2275. Trust enforcement

RS 9:2275 - Trust enforcement
A. Any of the following persons may petition the court to enforce the trust:
(1) A settlor or a universal successor of a settlor.
(2) A trustee.
(3) An institutional beneficiary.
(4) A person appointed in the trust instrument for this purpose.
(5) The attorney general.
B. Enforcement of the trust includes but is not limited to actions to accomplish any of the following:
(1) Compel a trustee to perform his duties, such as the duty to render an annual account.
(2) Enjoin a trustee from committing a breach of trust.
(3) Compel a trustee to redress a breach of trust.
(4) Remove a trustee.
Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2281. Definition of terms used in R.S. 9:2282

RS 9:2281 - Definition of terms used in R.S. 9:2282
As used in R.S. 9:2282, the following words and phrases shall have the meanings ascribed to them in this Section:
(1) The term "Trust" shall be limited to express or implied trusts created for educational, charitable or religious purposes where all or a substantial part of the corpus thereof shall have been contributed by the local beneficiaries (as hereinafter defined), or by their predecessor beneficiaries; and where said corpus shall consist of real or personal property situated within the state of Louisiana. R.S. 9:2282 shall have no application to private trusts, either express or implied; to trusts administered by any public governmental authority; to Roman Catholic educational, charitable or religious trusts; or to trusts for educational, charitable or religious purposes where all or a substantial portion of the corpus shall not have been contributed by the local beneficiaries thereof, or by their predecessor beneficiaries.
(2) The term "local beneficiaries" shall mean those persons residing within the state of Louisiana who shall have contributed (or whose predecessor beneficiaries shall have contributed) all or a substantial part of the corpus of the trust, as above defined, and who shall locally, immediately, and directly enjoy the benefits of such trust.
(3) The term "majority of beneficiaries" shall be defined as sixty-six and two-thirds per cent of the adult local beneficiaries residing within the state of Louisiana and enjoying locally and immediately and directly the benefits of such trust.
Acts 1960, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2282. Method of transfer of control of educational, charitable or religious trusts; grounds

RS 9:2282 - Method of transfer of control of educational, charitable or religious trusts; grounds
When a majority of the local beneficiaries of any educational, charitable or religious Trust (all as defined in R.S. 9:2281) shall determine that there exists a deep-seated and irreconcilable hostility or tension between them and any or all of the trustees or others in authority exercising control over the administration of such Trust; then, and in such event, said majority of the local beneficiaries may file a petition in the District Court of the parish wherein any part of the corpus of said Trust is situated, setting forth the grounds for relief as stated herein and praying for a decree of the court discharging all existing trustees and all others in authority exercising control over the administration of such trust (by whatever name designated) and for the appointment of other trustees who shall, upon their appointment and qualification in conformity with the terms of the decree of the court, thereupon become vested with complete control and authority over the corpus of said Trust. All successor-trustees so appointed and qualified shall be citizens of the state of Louisiana, residing within the jurisdiction of the court appointing them, and who shall be a local beneficiary as defined in R.S. 9:2281(2). However, before entering a decree removing the existing trustees and all others in authority exercising control over the administration of such Trust and appointing successor-trustees, the Court shall first find affirmatively that the conditions set forth in this Section as alleged in the petition actually exist. The acting trustees and all others in authority with respect to said Trust shall be made parties defendant to the petition; shall be summoned in the manner provided by law; and shall be afforded every statutory right to plead, answer or except to the petition filed against them, and to appear and be heard in opposition thereto.
Acts 1960, No. 346, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2283. Governing instrument; contents

RS 9:2283 - Governing instrument; contents
A. Notwithstanding any provision in this Section or in the governing instrument to the contrary (except as provided in Subsection C of this Section), the governing instrument of each trust that is a private foundation described in Section 509 of the Internal Revenue Code1 (including each nonexempt charitable trust described in Section 4947(a)(1) of the Code2 that is treated as a private foundation) and the governing instrument of each nonexempt split-interest trust described in Section 4947(a)(2) of the Code3 (but only to the extent that Section 508(e) of the Code4 is applicable to such nonexempt split-interest trust under Section 4947(a)(2) of the Code) shall be deemed to contain the following provisions: the trust shall make distributions at such time and in such manner as not to subject the trust to tax under Section 4942 of the Code;5 the trust shall not engage in any act of self-dealing that would subject it to tax under Section 4941 of the Code;6 the trust shall not retain any excess business holdings that would subject it to tax under Section 4943 of the Code;7 the trust shall not make any investments that would subject it to tax under Section 4944 of the Code;8 and the trust shall not make any taxable expenditures that would subject it to tax under Section 4945 of the Code.9
B. The trustee of any trust described in Subsection A of this Section (with the consent of the settlor, if then living and competent to give consent) may, without judicial proceedings, amend the governing instrument to expressly include the provisions required by Section 508(e) of the Code by executing a written amendment to the trust.
C. The trustee of any trust described in Subsection A of this Section (with the consent of the settlor, if then living and competent to give consent) may, without judicial proceedings, amend such trust to expressly exclude the application of Subsection A of this Section by executing a written amendment to the trust instrument.
D. All references in this Section to the "Code" are to the United States Internal Revenue Code of 1986, as amended, and all references in this Section to specific sections of the Code include corresponding provisions of any subsequent federal tax laws.
Added by Acts 1971, No. 154, §1; Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
1 26 U.S.C.A. §509.
2 26 U.S.C.A. §4947(a)(1).
3 26 U.S.C.A. §4947(a)(2).
4 26 U.S.C.A. §508(e).
5 26 U.S.C.A. §4942.
6 26 U.S.C.A. §4941.
7 26 U.S.C.A. §4943.
8 26 U.S.C.A. §4944.
9 26 U.S.C.A. §4945.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2291. Termination of small trust

RS 9:2291 - Termination of small trust
If the value of the assets of a charitable trust is less than one hundred thousand dollars, the trustees may terminate the charitable trust. In such a case, the trustees shall distribute the trust property to the institutional beneficiaries or, if there are no institutional beneficiaries, in a manner that conforms as nearly as possible to the purposes of the trust. The trustees shall incur no liability for the termination of the trust in accordance with the provisions of this Section.
Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2321. Title quieted and perfected by lapse of time

RS 9:2321 - Title quieted and perfected by lapse of time
There is hereby quieted and perfected title to real estate donated to church and religious representatives, religious associations or religious corporations, or their successors or religious assigns, where over ten years continuous and uninterrupted possession and use for the purposes intended by the donation have been had and elapsed since the date of the execution of the donation and where the real estate presently is being possessed and used for the purposes intended in the donation and where such donation is of record in the office of the clerk and recorder of the parish in which the donated property is situated.
Acts 1952, No. 462, §1. Amended by Acts 1960, No. 226, §1; Acts 1962, No. 439, §1. Acts 1984, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2322. Rights in property after perfection of title

RS 9:2322 - Rights in property after perfection of title
In all cases the donees or their successors, assigns or representatives may effectively use, mortgage, hypothecate, incumber, alienate and/or dispose of the property donated or any part thereof without regard thereafter to the conditions or changes imposed in the donation, upon declaring the same to have been fully complied with to all intents and purposes by said lapse of time, possession and use in compliance with said conditions or changes, and upon declaring the public policy served thereby to be against restricting property from commerce.
Acts 1952, No. 462, §2. Amended by Acts 1960, No. 226, §2; Acts 1962, No. 439, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2331. Circumstances authorizing application of doctrine; jurisdiction; petitioners

RS 9:2331 - Circumstances authorizing application of doctrine; jurisdiction; petitioners
In any case in which circumstances have changed since the execution or probate of a will containing a trust or conditional bequest for charitable, educational or eleemosynary purposes, or since the death of the donor who during his lifetime established a trust or made a conditional donation for any of such purposes, and the change in circumstances is such as to render impractical, impossible or illegal a literal compliance with the terms thereof, the district court having jurisdiction of the succession of the testator or of the domicile of the donee (and in the parish of Orleans, the civil district court) may, upon petition of a trustee, or of the person or corporation having custody or possession of the property subject to said trust, conditional bequest or donation or of any heir, legatee or donee who in the absence or invalidity of such trust, conditional bequest or donation would have been entitled to any part of the property contained therein, in accordance with the procedure hereinafter set forth, enter a judgment directing that such charitable trust, devise or conditional bequest or donation shall be administered or expended in such manner (either generally or specifically defined) as, in the judgment of said court, will most effectively accomplish as nearly as practicable under existing conditions the general purpose of the trust, will or donation, without regard to and free from any specific restriction, limitation or direction contained therein.
Acts 1954, No. 592, §1. Amended by Acts 1970, No. 43, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2332. Filing of petition; order; notice; service

RS 9:2332 - Filing of petition; order; notice; service
In the event of the filing of a petition by such trustee or person or corporation having custody or possession of the property, trust or conditional bequest or donation as hereinabove set forth, the court shall thereupon enter an order directing:
(1) That a notice be published stating in general terms the nature of the said trust, devise, conditional bequest or donation and the relief prayed for in said petition, which said notice shall be published in a newspaper of general circulation in the parish once a week for thirty days in the manner provided for judicial advertisements, and
(2) That service of a copy of the petition be made upon any and all persons (including heirs in intestacy of the testator or special or universal legatees or donees) who, in the absence or invalidity of the said trust, devise, conditional bequest or donation would be entitled to the property therein contained; provided, however, that if no heir in intestacy or special or universal legatee or donee is present or can be found within the State of Louisiana, then and in such event such service shall be made upon the attorney general of the State of Louisiana, and in such case proceedings carried on contradictorily with the said attorney general shall, for all purposes, be as fully effective and valid as if the individual heirs in intestacy, legatees or donees had been personally served. In the event such petition has not been brought by the trustee, donee or person or corporation having custody or possession of such property, then service shall also be made upon such trustee, donee or person or corporation having custody or possession of such property. Said order shall further fix a date not less than thirty days subsequent to said order upon which said heir in intestacy, legatee, donee or the attorney general, as the case may be, shall show cause why the prayer in the petition shall not be granted. Service of a certified copy of said petition and order shall be made as aforesaid not later than fifteen days prior to the date set for said hearing.
Acts 1954, No. 592, §2. Amended by Acts 1970, No. 43, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2333. Hearing, evidence

RS 9:2333 - Hearing, evidence
Upon the date fixed for the said hearing, or upon any adjournment thereof, the district court shall hear evidence:
(1) As to whether or not there are heirs in intestacy or legatees or donees within the State of Louisiana; provided, however, that the court shall not require more than reasonable efforts to determine the existence and presence of such heirs or legatees or donees.
(2) The terms of the original trust, devise, conditional bequest or donation inter vivos.
(3) The facts and circumstances which, in the opinion of petitioners, render impractical, impossible or illegal the literal compliance with the terms of such trust, devise, conditional bequest or donation inter vivos.
(4) The proposed method or methods of administration or expenditure of the property subject to the trust, devise, conditional bequest or donation in a manner which will most effectively accomplish, as nearly as practical under existing conditions, the general purpose thereof, without regard to and free from any specific restriction, limitation or direction contained therein.
Acts 1954, No. 592, §3. Amended by Acts 1970, No. 43, §1.