2005 Arizona Revised Statutes - Revised Statutes §14-7233  Powers of trustees conferred by this article

A. From the time of creation of the trust until final distribution of the assets of the trust, a trustee has the power to perform, without court authorization, every act which a prudent man dealing with the property of another would perform for the purposes of the trust including but not limited to the powers specified in subsection C of this section.

B. In the exercise of his powers including the powers granted by this article, a trustee is subject to the standards provided in section 14-7302 and has a duty to act with due regard to his obligation as a fiduciary.

C. A trustee has the power, subject to subsections A and B of this section, to:

1. Collect, hold and retain trust assets received from a trustor until, in the judgment of the trustee, disposition of the assets should be made. The assets may be retained even though they include an asset in which the trustee is personally interested.

2. Receive additions to the assets of the trust.

3. Continue or participate in the operation of any business or other enterprise and to effect incorporation, dissolution or other change in the form of the organization of the business or enterprise.

4. Acquire an undivided interest in a trust asset in which the trustee, in any trust capacity, holds an undivided interest.

5. Invest and reinvest trust assets in accordance with the provisions of the trust or as provided by law.

6. Deposit trust funds in a bank or savings and loan association, including a bank or savings and loan association operated by the trustee.

7. Acquire or dispose of an asset, for cash or on credit, at public or private sale, to manage, develop, improve, exchange, partition, change the character of or abandon a trust asset or any interest in a trust asset and to encumber, mortgage or pledge a trust asset for a term within or extending beyond the term of the trust, in connection with the exercise of any power vested in the trustee.

8. Make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements and to raze existing or erect new party walls or buildings.

9. Subdivide, develop or dedicate land to public use, to make or obtain the vacation of plats and adjust boundaries, to adjust differences in valuation on exchange or partition by giving or receiving consideration or to dedicate easements to public use without consideration.

10. Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the trust.

11. Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

12. Grant an option involving disposition of a trust asset or to take an option for the acquisition of any asset.

13. Vote a security in person or by general or limited proxy.

14. Pay assessments and any other amounts chargeable or accruing against or on account of securities.

15. Sell or exercise stock subscription or conversion rights or to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

16. Hold a security in the name of a nominee or in other form without disclosure of the trust, so that title to the security may pass by delivery, but the trustee is liable for any act of the nominee in connection with the stock so held.

17. Insure the assets of the trust against damage or loss and the trustee against liability with respect to third persons.

18. Borrow money to be repaid from trust assets or otherwise, to advance money for the protection of the trust, and for all expenses, losses and liabilities sustained in the administration of the trust or because of the holding or ownership of any trust assets, for which advances with any interest the trustee has a lien on the trust assets as against the beneficiary.

19. Pay or contest any claim, to settle a claim by or against the trust by compromise, arbitration or otherwise and to release, in whole or in part, any claim belonging to the trust to the extent that the claim is uncollectible.

20. Pay taxes, assessments, compensation of the trustee and other expenses incurred in the collection, care, administration and protection of the trust.

21. Allocate items of income or expense to either trust income or principal, as provided in article 4 of this chapter.

22. Pay any sum distributable to a beneficiary under legal disability, without liability to the trustee, by paying the sum to the beneficiary or by paying the sum for the use of the beneficiary either to a legal representative appointed by the court or, if none, to a relative.

23. Effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation.

24. Employ persons, including attorneys, auditors, investment advisors or agents, even if they are associated with the trustee, to advise or assist the trustee in the performance of his administrative duties, to act without independent investigation on their recommendations and, instead of acting personally, to employ one or more agents to perform any act of administration, whether or not discretionary.

25. Prosecute or defend actions, claims or proceedings for the protection of trust assets and of the trustee in the performance of his duties.

26. Execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the trustee.

D. If a governing instrument or order requires or authorizes investment in United States government obligations, a trustee may invest in these obligations either directly or in the form of securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the provisions of the investment company act of 1940, as amended, (54 Stat. 789; 15 United States Code sections 80a-1 through 80a-64) if both of the following are true:

1. The portfolio of the investment company or investment trust is limited to United States government obligations and repurchase agreements fully collateralized by United States government obligations.

2. The investment company or investment trust takes delivery of the collateral for any repurchase agreement either directly or through an authorized custodian.