reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-6 - Accounting › Section 18-6-4. - Notice — Guardian ad litem.

§ 18-6-4. Notice — Guardian ad litem.
(a)
Upon the application, notice in any form that the court may order shall be given by delivering or mailing by registered or certified mail, return receipt requested, a copy of the notice to the attorney general if there are public charitable interests, and to all persons to or for whom income has been paid or accumulated during the period covered by the account, and to those persons who, during that period, have received or were entitled to receive or in the discretion of the trustee might have received principal, and to all persons who, at the time of the mailing or delivery of the copy of the notice, in default of any appointment or otherwise, would be entitled to share in the income or principal if an existing tenancy for life or for years had then terminated or the trust estate were then distributable in whole or in part, and to the executor or administrator of any deceased persons entitled to notice or to those in being who have succeeded to the interest of the deceased person, and to other persons who are or may become interested and who shall have filed with the accountant a request in writing for notice of proceedings on accounts, and any additional notice that the court may order shall be given by publication, unless all persons interested receive actual notice.
(b)
The written assent to an account, or the waiver in writing of notice of it by a person interested or by his or her guardian or legal representative, shall be deemed equivalent to notice.
(c)
If there are other persons interested to whom notice has not been given by delivery of registered or certified mail, or if the interests of persons unborn, unascertained, or legally incompetent to act in their own behalf are not represented except by the accountant, the court shall appoint as guardian ad litem a competent and disinterested person to represent these interests and persons, and the guardian ad litem shall, without further notice or action by the court, also represent with respect to the account all interested persons who may be born after the date of his or her appointment.
(d)
It shall not be necessary, unless the court orders, to designate by name persons represented by the guardian ad litem, other than those who are entitled to notice by delivery of registered or certified mailing.
(e)
The guardian ad litem appointed by the court shall be entitled to any reasonable compensation that the court shall allow, which shall be charged to income and/or principal as the court directs.
History of Section.
G.L. 1938, ch. 486, § 25; P.L. 1942, ch. 1144, § 1; G.L. 1956, § 18-6-4; R.P.L. 1957, ch. 82, § 1; P.L. 1972, ch. 266, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-6 - Accounting › Section 18-6-5. - Notice to minor under age of fourteen (14) years.

§ 18-6-5. Notice to minor under age of fourteen (14) years.
In the case of a minor entitled to notice by delivery or mailing under this chapter, who is under the age of fourteen (14) at the date of the notice, the copy of the notice may be delivered or mailed to the legal or natural guardian of the minor, or if the court directs, to some other person in his or her behalf.
History of Section.
R.P.L. 1957, ch. 82, § 1; P.L. 1972, ch. 266, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-6 - Accounting › Section 18-6-6. - Allowance or disallowance of accounts.

§ 18-6-6. Allowance or disallowance of accounts.
Upon the hearing, the court may allow or disallow the account or accounts in whole or in part and may make any orders and decrees in relation to the account or accounts that justice may require, and after a final decree has been entered on any account under this section, it shall not be impeached except for fraud or manifest error.
History of Section.
G.L. 1938, ch. 486, § 25; P.L. 1942, ch. 1144, § 1; G.L. 1956, § 18-6-6; R.P.L. 1957, ch. 82, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-6 - Accounting › Section 18-6-7. - Account of common trust fund.

§ 18-6-7. Account of common trust fund.
In any proceeding for the allowance of an account of a common trust fund, the provisions of §§ 18-6-4 and 18-6-5, as to the persons entitled to and the manner of giving notice, shall apply as if the account was an account for each of the participating trusts in the common trust fund.
History of Section.
R.P.L. 1957, ch. 82, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-1. - Short title.

§ 18-7-1. Short title.
This chapter may be cited as the “Rhode Island Uniform Transfers to Minors Act”.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-2. - Definitions.

§ 18-7-2. Definitions.
In this chapter, unless the context otherwise requires:
(1)
“Adult” means an individual who has attained the age of twenty-one (21) years.
(2)
“Benefit plan” means an employer’s plan for the benefit of an employee or partner.
(3)
“Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(4)
“Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
(5)
“Court” means probate court.
(6)
“Custodial property” means:
(i)
Any interest in property transferred to a custodian under this chapter; and
(ii)
The income from and proceeds of that interest in property.
(7)
“Custodian” means a person designated under § 18-7-10 or a successor or substitute custodian designated under § 18-7-19.
(8)
“Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9)
“Legal representative” means an individual’s personal representative or conservator.
(10)
“Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11)
“Minor” means an individual who has not attained the age of twenty-one (21) years.
(12)
“Person” means an individual, corporation, organization, or other legal entity.
(13)
“Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
(14)
“State” includes any state of the United States, the District of Columbia, the commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15)
“Transfer” means a transaction that creates custodial property under § 18-7-10.
(16)
“Transferor” means a person who makes a transfer under this chapter.
(17)
“Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
History of Section.
P.L. 1985, ch. 389, § 2; P.L. 1998, ch. 474, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-3. - Scope and jurisdiction.

§ 18-7-3. Scope and jurisdiction.
(a)
This chapter applies to a transfer that refers to this chapter in the designation under § 18-7-10(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
(b)
A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c)
A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-4. - Nomination of custodian.

§ 18-7-4. Nomination of custodian.
(a)
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for (name of minor) under the Rhode Island Uniform Transfers to Minors Act, chapter 7 of title 18.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b)
A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 18-7-10(a).
(c)
The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 18-7-10. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 18-7-10.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-5. - Transfer by gift or exercise of power of appointment.

§ 18-7-5. Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 18-7-10.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-6. - Transfer authorized by will or trust.

§ 18-7-6. Transfer authorized by will or trust.
(a)
A personal representative or trustee may make an irrevocable transfer pursuant to § 18-7-10 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b)
If the testator or settlor has nominated a custodian under § 18-7-4 to receive the custodial property, the transfer must be made to that person.
(c)
If the testator or settlor has not nominated a custodian under § 18-7-4 or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 18-7-10(a).
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-7. - Other transfer by fiduciary.

§ 18-7-7. Other transfer by fiduciary.
(a)
Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 18-7-10, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b)
Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 18-7-10.
(c)
A transfer under subsection (a) or (b) of this section may be made only if:
(1)
The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(2)
The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(3)
The transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-8. - Transfer by obligor.

§ 18-7-8. Transfer by obligor.
(a)
Subject to subsections (b) and (c) of this section, a person not subject to § 18-7-6 or 18-7-7, who holds property of or owes a liquidated debt to a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 18-7-10.
(b)
If a person having the right to do so under § 18-7-4 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c)
If no custodian has been nominated under § 18-7-4, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-9. - Receipt for custodial property.

§ 18-7-9. Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-11. - Single custodianship.

§ 18-7-11. Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-12. - Validity and effect of transfer.

§ 18-7-12. Validity and effect of transfer.
(a)
The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1)
Failure of the transferor to comply with § 18-7-10(c) concerning possession and control;
(2)
Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 18-7-10; or
(3)
Death or incapacity of a person nominated under § 18-7-4 or designated under § 18-7-10 as custodian or the disclaimer of the office by that person.
(b)
A transfer made pursuant to § 18-7-10 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(c)
By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-13. - Care of custodial property.

§ 18-7-13. Care of custodial property.
(a)
A custodian shall:
(1)
Take control of custodial property;
(2)
Register or record title to custodial property if appropriate; and
(3)
Collect, hold, manage, invest, and reinvest custodial property.
(b)
In dealing with custodial property, a custodian 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 statute restricting investments by fiduciaries. If a custodian has a special skill or expertise, or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
(c)
A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1)
The life of the minor only if the minor or the minor’s estate is the sole beneficiary; or
(2)
The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d)
A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for (name of minor) under the Rhode Island Uniform Transfers to Minors Act, chapter 7 of title 18”.
(e)
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor, or by the minor if the minor has attained the age of fourteen (14) years.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-14. - Powers of custodian.

§ 18-7-14. Powers of custodian.
(a)
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b)
This section does not relieve a custodian from liability for breach of § 18-7-13.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-15. - Use of custodial property.

§ 18-7-15. Use of custodial property.
(a)
A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1)
The duty or ability of the custodian personally or of any other person to support the minor; or
(2)
Any other income or property of the minor that may be applicable or available for that purpose.
(b)
On petition of an interested person, or the minor if the minor has attained the age of fourteen (14) years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c)
A delivery, payment, or expenditure under this section is in addition to, but not in substitution for, and does not affect, any obligation of a person to support the minor.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-16. - Custodian’s expenses, compensation, and bond.

§ 18-7-16. Custodian’s expenses, compensation, and bond.
(a)
A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b)
Except for one who is a transferor under § 18-7-5, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c)
Except as provided in § 18-7-19(f), a custodian need not give a bond.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-17. - Exemption of third person from liability.

§ 18-7-17. Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1)
The validity of the purported custodian’s designation;
(2)
The propriety of, or the authority under this chapter for, an act of the purported custodian;
(3)
The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4)
The propriety of the application of any property of the minor delivered to the purported custodian.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-18. - Liability to third person.

§ 18-7-18. Liability to third person.
(a)
A claim based on: (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in his or her custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b)
A custodian is not personally liable:
(1)
On a contract properly entered into in his or her custodial capacity, unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2)
For an obligation arising from control of custodial property or for a tort committed during the custodianship, unless the custodian is personally at fault.
(c)
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship, unless the minor is personally at fault.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-20. - Accounting by and determination of liability of custodian.

§ 18-7-20. Accounting by and determination of liability of custodian.
(a)
A minor who has attained the age of fourteen (14) years, the minor’s guardian or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court:
(1)
For an accounting by the custodian or the custodian’s legal representative; or
(2)
For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property, unless the responsibility has been adjudicated in an action under § 18-7-18 to which the minor or the minor’s legal representative was a party.
(b)
A successor custodian may petition the court for an accounting by the predecessor custodian.
(c)
The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(d)
If a custodian is removed under § 18-7-19(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
History of Section.
P.L. 1985, ch. 389, § 2; P.L. 1988, ch. 84, § 79.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-21. - Termination of custodianship.

§ 18-7-21. Termination of custodianship.
The custodian shall transfer, in an appropriate manner, the custodial property to the minor or to the minor’s estate upon the earlier of:
(1)
The minor’s attainment of twenty-one (21) years of age with respect to custodial property transferred under § 18-7-5 or 18-7-6;
(2)
The minor’s attainment of eighteen (18) years of age with respect to custodial property transferred under § 18-7-7 or 18-7-8; or
(3)
The minor’s death.
History of Section.
P.L. 1985, ch. 389, § 2; P.L. 1998, ch. 474, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-22. - Applicability.

§ 18-7-22. Applicability.
This chapter applies to a transfer within the scope of § 18-7-3 made after June 28, 1985, if the instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-23. - Effect on existing custodianships.

§ 18-7-23. Effect on existing custodianships.
(a)
Any transfer of “custodial property” as now defined in this chapter made before June 28, 1985, is validated, notwithstanding that there was no specific authority in the Uniform Gifts to Minors Act of Rhode Island for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b)
This chapter applies to all transfers made before June 28, 1985, in a manner and form prescribed in the Uniform Gifts to Minors Act of Rhode Island, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on June 28, 1985.
(c)
Sections 18-7-2 and 18-7-21, with respect to the age of a minor for whom custodial property is held under this chapter, do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of eighteen (18) after March 29, 1972, and before June 28, 1985.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-24. - Uniformity of application and construction.

§ 18-7-24. 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.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-25. - Severability.

§ 18-7-25. Severability.
If any provisions of this chapter or its application to any person or circumstance 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.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-7 - Uniform Transfers to Minors Act › Section 18-7-26. - Repeals.

§ 18-7-26. Repeals.
To the extent that this chapter, by virtue of § 18-7-23(b), does not apply to transfers made in a manner prescribed in the Uniform Gifts to Minors Act of Rhode Island or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Uniform Gifts to Minors Act of Rhode Island does not affect those transfers or those powers, duties, and immunities.
History of Section.
P.L. 1985, ch. 389, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-8 - Joint Control by Sureties › Section 18-8-1. - Agreement for joint deposits.

§ 18-8-1. Agreement for joint deposits.
It is lawful for any party, of whom a bond, undertaking, or other obligation is required, to agree with his or her surety or sureties for the deposit of any or all money and assets for which he or she and his or her surety or sureties are or may be held responsible, with a bank, savings banks, safe deposit, or trust company, authorized by law to do business, or with any other depository approved by the court or a judge of the court, if the deposit is otherwise proper, for safekeeping the deposit, and in a manner that prevents the withdrawal of the money or assets or any part of them, without the written consent of the surety or sureties, or an order of court, or a judge of the court, made on a notice to the surety or sureties that the court or judge may direct; provided, that the agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond.
History of Section.
P.L. 1943, ch. 1347, § 1; G.L. 1956, § 18-8-1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-1. - Division of charitable trusts — Establishment.

§ 18-9-1. Division of charitable trusts — Establishment.
There is established, in the department of, and subject to the control of, the attorney general, a division for the supervision and enforcement of the due application of funds given or appropriated to charitable trusts within the state and for the prevention of breaches of trust. The division shall be known as the division of charitable trusts.
History of Section.
P.L. 1950, ch. 2617, § 1; G.L. 1956, § 18-9-1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-2. - Administrator of charitable trusts.

§ 18-9-2. Administrator of charitable trusts.
The executive and administrative head of the division of charitable trusts shall be the administrator of charitable trusts. The administrator shall be appointed by the attorney general and shall hold office at the attorney general’s pleasure. The administrator shall be qualified by training and experience to perform the duties of the administrator’s office and shall receive any salary, not exceeding six thousand dollars ($6,000) annually, that the governor may determine.
History of Section.
P.L. 1950, ch. 2617, § 1; G.L. 1956, § 18-9-2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-3. - Appointment and removal of assistants — Experts.

§ 18-9-3. Appointment and removal of assistants — Experts.
The administrator, with the approval and consent of the attorney general, may appoint and remove any assistants that the work of the division may require. These assistants shall not be in the classified service. The administrator, with the approval and consent of the attorney general, may also, from time to time, engage experts who shall not be in the classified service for assistance in any specific matter at a reasonable rate of compensation.
History of Section.
P.L. 1950, ch. 2617, § 2; G.L. 1956, § 18-9-3.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-4. - “Charitable trusts” defined.

§ 18-9-4. “Charitable trusts” defined.
“Charitable trusts” as used in this chapter means any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable, educational, or religious purposes.
History of Section.
P.L. 1950, ch. 2617, § 3; G.L. 1956, § 18-9-4.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-5. - Notice to attorney general of proceedings affecting charitable trusts.

§ 18-9-5. Notice to attorney general of proceedings affecting charitable trusts.
The attorney general shall be notified of all judicial proceedings affecting, or in any manner dealing with, a charitable trust, or affecting, or in any manner dealing with, a trustee who holds in trust within the state property given, devised, or bequeathed for charitable, educational, or religious purposes, and who administers or is under a duty to administer the property in whole or in part for these purposes within the state, and shall be deemed to be an interested party to the judicial proceedings.
History of Section.
P.L. 1950, ch. 2617, § 4; G.L. 1956, § 18-9-5.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-6. - Register of charitable trusts — Special assistant attorney general.

§ 18-9-6. Register of charitable trusts — Special assistant attorney general.
In addition to his or her common law and statutory powers the attorney general, or the administrator acting under the authority and at the direction of the attorney general, shall have the authority to prepare and maintain a register of all charitable trusts previously or subsequently established or active in the state. The attorney general shall also designate the administrator or acting administrator to act as a special assistant attorney general in cases involving charitable trusts.
History of Section.
P.L. 1950, ch. 2617, § 5; P.L. 1951, ch. 2852, § 1; G.L. 1956, § 18-9-6.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-7. - Register open to inspection — Registration fee.

§ 18-9-7. Register open to inspection — Registration fee.
(a)
The register established by § 18-9-6 shall be open to the inspection of any person at any reasonable times and for any legitimate purposes that the attorney general may determine.
(b)
The attorney general may by regulation provide that any investigation of charitable trusts made after June 30, 1950, shall not be open to public inspection.
(c)
Upon the registration of each charitable trust there shall be paid to the attorney general a fee of fifty dollars ($50.00) which shall be deposited as general revenues.
History of Section.
P.L. 1950, ch. 2617, § 7; G.L. 1956, § 18-9-7; P.L. 1987, ch. 130, § 1; P.L. 1995, ch. 370, art. 40, § 48.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-8. - Rules and regulations.

§ 18-9-8. Rules and regulations.
The attorney general, or the administrator acting under the authority and at the direction of the attorney general, shall make any rules and regulations that may be reasonable or necessary to secure records and other information for the operation of the register and for the supervision, investigation, and enforcement of charitable trusts.
History of Section.
P.L. 1950, ch. 2617, § 6; G.L. 1956, § 18-9-8.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-9. - Investigations as to administration of trusts.

§ 18-9-9. Investigations as to administration of trusts.
The attorney general may investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with the terms and purposes of the trust. For the purposes of this investigation the attorney general may require any person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation administering a trust or having an interest in, or knowledge of the trust, to appear at any time and place that the attorney general may designate, then and there under oath to produce for the use of the attorney general any and all books, memoranda, papers of whatever kind, documents of title, or other evidence of assets or liabilities which may be in the ownership or possession or control of the person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation, and to furnish any other available information relating to the trust that the attorney general may require.
History of Section.
P.L. 1950, ch. 2617, § 8; G.L. 1956, § 18-9-9.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-10. - Notice to attend in investigations.

§ 18-9-10. Notice to attend in investigations.
Whenever the attorney general may require the attendance of any person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation as provided in § 18-9-9, the attorney general shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation at least fourteen (14) days before the date fixed in the notice for the attendance.
History of Section.
P.L. 1950, ch. 2617, § 9; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 18-9-10.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-11. - Court order to appear before attorney general — Contempt.

§ 18-9-11. Court order to appear before attorney general — Contempt.
If any person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation receiving notice neglects to attend or to remain in attendance as long as may be necessary for the purposes for which the notice was issued, or refuses to produce books, memoranda, papers of whatever kind, documents of title, or other evidence of assets or liabilities, or to furnish any available information that may be required, any justice of the superior court for the county within which the inquiry is carried on or within which the person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation is found or resides or transacts business, upon application of the attorney general, shall have jurisdiction to issue to the person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation an order requiring the person, agent, trustee, fiduciary, beneficiary, institution, association, or corporation to appear before the attorney general to produce for the use of the attorney general evidence in accordance with the terms of the notice, and any failure to obey the order of the superior court may be punished by the court as a contempt of court.
History of Section.
P.L. 1950, ch. 2617, § 10; G.L. 1956, § 18-9-11.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-12. - Privilege against self-incrimination unavailable — Immunity from prosecution.

§ 18-9-12. Privilege against self-incrimination unavailable — Immunity from prosecution.
No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the attorney general, when ordered to do so by the attorney general, upon the ground that the testimony, or evidence of the book or document, required of that person may tend to incriminate that person or subject that person to a penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which, after claiming this privilege, the person, by order of the attorney general, has testified under oath or produced documentary evidence.
History of Section.
P.L. 1950, ch. 2617, § 11; G.L. 1956, § 18-9-12.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-13. - Annual fiduciary’s report.

§ 18-9-13. Annual fiduciary’s report.
(a)
Any fiduciary holding property subject to equitable duties to deal with the property for charitable, educational, or religious purposes shall annually, on or before July 1, unless otherwise directed by the attorney general, make to the attorney general a written report for the last preceding fiscal year of the trust showing the property held and administered, the receipts and expenditures in connection with the trust, the names and addresses of the beneficiaries of the trust, and any other information that the attorney general may require.
(b)
The trustee shall also pay an annual filing fee of fifty dollars ($50.00) to the attorney general for use in performing the duties authorized in this chapter.
(c)
These fees shall be deposited in the general fund.
(d)
Failure after notice for two (2) successive years to file a report shall constitute a breach of trust and the attorney general shall take any action that may be appropriate to compel compliance with this section.
History of Section.
P.L. 1950, ch. 2617, § 12; G.L. 1956, § 18-9-13; P.L. 1987, ch. 130, § 1; P.L. 1995, ch. 370, art. 40, § 48; P.L. 1996, ch. 2, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-14. - Reasonable care required regardless of language of trust.

§ 18-9-14. Reasonable care required regardless of language of trust.
Regardless of any language in the agreement, deed, or other instrument creating an inter vivos charitable trust, no trustee or trustees of a trust shall be exonerated from liability for failure to exercise reasonable care, diligence, and prudence.
History of Section.
P.L. 1950, ch. 2617, § 13; G.L. 1956, § 18-9-14.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-15. - Institutions and contingent trusts exempt.

§ 18-9-15. Institutions and contingent trusts exempt.
The provisions of this chapter shall not be applicable to charitable, religious, and educational institutions holding funds in trust exclusively for their own charter or corporate purposes nor to trusts in which the charitable interest is contingent upon the happening of an uncertain future event; provided, that upon the happening of the event vesting the charitable interest, the trust shall thereafter be subject to all the provisions of this chapter.
History of Section.
P.L. 1950, ch. 2617, § 15; G.L. 1956, § 18-9-15.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-16. - Termination of certain charitable trusts.

§ 18-9-16. Termination of certain charitable trusts.
(a)
A charitable trust with total assets of less than two hundred thousand dollars ($200,000) may be terminated at any time at the discretion of the trustee or trustees with the consent of the attorney general and the beneficiary or beneficiaries by delivery of the assets to the beneficiary or beneficiaries.
(b)
Where the trustee or trustees have discretion in the selection of the beneficiary or beneficiaries, only the consent of the attorney general shall be required, and the discretion in the selection of the beneficiary or beneficiaries to receive the assets shall be exercised by the trustee or trustees.
(c)
The beneficiary or beneficiaries to whom the trust estate shall be delivered shall hold and apply the trust estate for the uses and purposes set forth in this instrument.
History of Section.
P.L. 1973, ch. 208, § 1; P.L. 1988, ch. 281, § 2; P.L. 1996, ch. 393, § 1; P.L. 2006, ch. 375, § 1; P.L. 2006, ch. 450, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9 - Charitable Trusts › Section 18-9-17. - Enforcement of the fiduciary responsibilities of the trustees of charitable trusts.

§ 18-9-17. Enforcement of the fiduciary responsibilities of the trustees of charitable trusts.
(a)
If the trustee(s) fails to register a charitable trust with the attorney general as required by this chapter, an additional fee not to exceed one hundred dollars ($100) may be assessed at the time the trust is finally registered.
(b)
When a registered charitable trust with assets over twenty-five thousand dollars ($25,000) has failed to file an annual report with the charitable trust division of the department of attorney general for a period exceeding two (2) years, in addition to any other sanctions which may be imposed, a fee of one hundred dollars ($100) shall be charged to the trust, in addition to the normal filing fee.
(c)
In the event that any charitable trust fails to take any actions that are required by this chapter, the attorney general may bring an action to restrain the charity from transacting any business in the state and may take any other action, including the seeking of any other judicial relief, that may be appropriate to compel compliance with the provisions of this chapter.
(d)
Any person who knowingly violates any provision of this chapter or who willingly and knowingly gives false or incorrect information to the attorney general in filing statements or reports as required by this chapter, whether the report or statement is verified or not, may be fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.
History of Section.
P.L. 1987, ch. 130, § 2.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9.1 - Spendthrift Trusts › Section 18-9.1-1. - Spendthrift trusts — Establishment.

§ 18-9.1-1. Spendthrift trusts — Establishment.
Any person creating an express trust for the benefit of any other person or persons may, by the terms of the trust, establish valid restraints on the voluntary and/or involuntary transfer of interests in the express trust by its beneficiaries, whether by way of anticipation or acceleration, assignment, hypothecation, or by virtue of legal process in judgment, execution, attachment, garnishment, bankruptcy, or otherwise.
History of Section.
P.L. 1988, ch. 279, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9.2 - Qualified Dispositions in Trust › Section 18-9.2-1. - Short title.

§ 18-9.2-1. Short title.
This chapter shall be known and may be cited as the “Qualified Dispositions in Trust Act”.
History of Section.
P.L. 1999, ch. 402, § 1.
2023 Rhode Island General Laws › Title 18 - Fiduciaries › Chapter 18-9.2 - Qualified Dispositions in Trust › Section 18-9.2-3. - No retained interest of transferor.

§ 18-9.2-3. No retained interest of transferor.
A qualified disposition shall be subject to § 18-9.2-4 of this chapter notwithstanding a transferor’s retention of any or all of the powers and rights described in subdivision 18-9.2-2(10)(ii) and the transferor’s service as investment advisor pursuant to subdivision 18-9.2-2(9)(iv). The transferor shall have only such powers and rights as are conferred by the trust instrument. Except as permitted by subdivisions 18-9.2-2(9)(iv) and 18-9.2-2(10)(ii), a transferor shall have no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority shall be void.
History of Section.
P.L. 1999, ch. 402, § 1; P.L. 2007, ch. 302, § 1; P.L. 2007, ch. 478, § 1.