Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 15 - MISSISSIPPI QUALIFIED DISPOSITION IN TRUST ACT (§§ 91-9-701 — 91-9-723) › Section 91-9-703 - Definitions

As used in this article, unless the context otherwise requires:
(a)
"Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
(b)
"Creditor" means, with respect to a transferor, a person who has a claim.
(c)
"Debt" means liability on a claim.
(d)
"Disposition" means a transfer, conveyance or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one (1) trustee for another or the addition of one or more new trustees. "Disposition" also includes the exercise of a power so as to cause a transfer of property to a trustee or trustees, but shall not include the release or relinquishment of an interest in property that, until the release or relinquishment, was the subject of a qualified disposition.
(e)
"Investment advisor" means a person given authority by the terms of a qualified disposition trust to direct, consent to or disapprove a trustee's actual or proposed investment decision.
(f)
"Investment decision" means the retention, purchase, sale, exchange, tender, or other transaction affecting the ownership of or rights in investments.
(g)
"Person" means an individual, a corporation, an organization, or other legal entity.
(h)
"Property" includes real property, personal property, and interests in real or personal property.
(i)
"Qualified affidavit" means a sworn affidavit signed by the transferor before making a qualified disposition. In the event of a disposition by a transferor who is a trustee, the affidavit shall be signed by the transferor who made the original disposition to the trustee, or a predecessor trustee, in a form that meets the requirements of subsection (n)(2) and (3) of this section and shall state facts as of the time of the original disposition.
(j)
"Qualified disposition" means a disposition by or from a transferor to a qualified trustee or qualified trustees, with or without consideration, by means of a qualified disposition trust, after the transferor executes a qualified affidavit.
(k)
"Qualified trustee" means a person who:
(1)
In the case of a natural person, is a resident of this state, or, in all other cases, is authorized by the law of this state to act as a trustee and whose activities are subject to supervision by the Mississippi Department of Banking and Consumer Finance, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, or the Office of Thrift Supervision or any successor to them;
(2)
Maintains or arranges for custody in this state of some or all of the property that is the subject of the qualified disposition, maintains records for the trust on an exclusive or nonexclusive basis, prepares or arranges for the preparation of required income tax returns for the trust, or otherwise materially participates in the administration of the trust; and
(3)
Is not the transferor.
(l)
"Spouse" or "former spouse" means only persons to whom the transferor was legally married at, or before, the time the qualified disposition is made.
(m)
"Transferor" means a person who, directly or indirectly, makes a disposition or causes a disposition to be made in such person's capacity:
(1)
As an owner of property;
(2)
As a holder of a power of appointment that authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate or the creditors of the holder's estate; or
(3)
As a trustee.
(n)
"Qualified disposition trust" means a trust instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:
(1)
Expressly incorporates the law of this state to govern the validity, construction and administration of the trust;
(2)
Is irrevocable; and
(3)
Provides that the interest of the transferor or other beneficiary in the trust property or the income from the trust property may not be transferred, assigned, pledged or mortgaged, whether voluntarily or involuntarily, before the qualified trustee or qualified trustees actually distribute the property or income from the property to the beneficiary.
Amended by Laws, 2016, ch. 396, SB 2211, 16, eff. 7/1/2014.
Added by Laws, 2014, ch. 513, HB 846, 2, eff. 7/1/2014.