2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.5107 - FILING REQUIREMENTS.

        633A.5107  FILING REQUIREMENTS.
         1.  The provisions of this section apply to the following
      charitable trusts administered in this state with assets in excess of
      twenty-five thousand dollars:
         a.  A nonprofit entity as defined in section 501(c)(3) of the
      Internal Revenue Code, as defined in section 422.3.
         b.  A charitable remainder trust as defined in section 664(d)
      of the Internal Revenue Code, as defined in section 422.3.
         c.  A charitable lead trust as defined in sections
      2055(e)(2)(b) and 2522(c)(2)(b) of the Internal Revenue Code, as
      defined in section 422.3.
         2. a.  Within sixty days from the creation of a charitable
      trust, as described in subsection 1, the trustee shall register the
      charitable trust with the attorney general.  The trustee shall
      register the charitable trust on a form provided by the attorney
      general.  The trustee shall also submit a copy of the trust
      instrument to the attorney general as required by the attorney
      general.
         b.  The trustee of a charitable trust, as described in
      subsection 1, shall annually file a copy of the charitable trust's
      annual report with the attorney general.  The annual report may be
      the same report submitted to the persons specified in section
      633A.4213, the charitable trust's most recent annual federal tax
      filings, or an annual report completed on a form provided by the
      attorney general.
         c.  The attorney general may require that documents be filed
      electronically, including forms, trust instruments, and reports.  In
      addition, the attorney general may require the use of electronic
      signatures as defined in section 554D.103.
         3.  Any document provided to the office of the attorney general in
      connection with a charitable remainder trust or a charitable lead
      trust, as described in subsection 1, shall not be considered a public
      record pursuant to chapter 22.  The attorney general shall keep the
      identities and interest of the noncharitable beneficiaries
      confidential except to the extent that disclosure is required by a
      court.
         4.  The attorney general is authorized to adopt administrative
      rules in accordance with the provisions of chapter 17A for the
      administration and enforcement of this chapter.
         5.  For a charitable trust described in subsection 1, created
      prior to July 1, 2009, and still in existence, the trustee shall
      register the trust with and submit a current copy of the trust
      instrument and financial report to the attorney general not later
      than one hundred thirty-five days after the close of the trust's next
      fiscal year following July 1, 2009.  The trustee shall comply with
      the remainder of this section as if the charitable trust were created
      on or after July 1, 2009.  
         Section History: Recent Form
         2009 Acts, ch 35, §1; 2009 Acts, ch 179, §45

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