2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 1. Fiduciary
Section 15-1-425. Asset-backed securities.

Universal Citation: CO Rev Stat § 15-1-425 (2020)

(1) For purposes of this section, "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset governed by the provisions of section 15-1-411 or 15-1-419.

  1. If a trust receives a payment from interest or other current return and from otherproceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment that the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

  2. If a trust receives one or more payments in exchange for the trust's entire interest inan asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate ten percent of the payment to income and the balance to principal.

Source: L. 2000: Entire part R&RE, p. 1144, § 1, effective July 1, 2001.

SUBPART 5

ALLOCATION OF DISBURSEMENTS DURING

ADMINISTRATION OF TRUST

Cross references: For information concerning the effective date of this subpart 5, see § 15-1-434.

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