2005 Idaho Code - 68-1204 — TRUSTEE MAY AMEND GOVERNING INSTRUMENT UNDER CERTAIN CIRCUMSTANCES

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 12
                           PRIVATE FOUNDATIONS AND
                              CHARITABLE TRUSTS
    68-1204.  TRUSTEE MAY AMEND GOVERNING INSTRUMENT UNDER CERTAIN
CIRCUMSTANCES. The trustee of a trust may, with the prior consent of the
attorney general, amend the terms of the governing instrument to the extent
necessary:
    (a)  To assure conformity of the governing instrument with the
requirements for exemption from the taxes imposed in sections 4941 to 4945 of
the Internal Revenue Code of 1986, including amendments which broaden, extend,
reduce or limit the charitable purposes for which the trust is administered;
    (b)  To terminate the status of the trust as a private foundation in a
manner described in section 507(b)(1) of the Internal Revenue Code of 1986; or
    (c)  To terminate the trust and transfer its assets to one (1) or more
entities described in section 501(c)(3) of the Internal Revenue Code of 1986
because continuation is impractical due to its small size or impractical
because of changed circumstances adversely impacting its purpose or purposes.
    Prior to giving consent, the attorney general shall determine that the
proposed amendments are necessary or appropriate to achieve the charitable
purposes of the trust. If the trust is for the exclusive benefit of one (1) or
more charitable organizations, or in the event there are one (1) or more
residual beneficiaries, the trustee shall also obtain the prior consent of
such organizations or individuals prior to amending the terms of the governing
instrument in the manner set forth in this section. Further, notwithstanding
the provisions of section 68-1201, Idaho Code, this section shall additionally
apply to all trusts described in section 501(c)(3) of the Internal Revenue
Code of 1986.