2006 New York Code - Business and other activities conducted by trustee



 
  § 11-A-4.3 Business and other activities conducted by trustee
    (a)  If a trustee who conducts a business or other activity determines
  that it is in the best interest of  all  the  beneficiaries  to  account
  separately  for the business or activity instead of accounting for it as
  part of the trust's general accounting records, the trustee may maintain
  separate accounting records for its transactions,  whether  or  not  its
  assets are segregated from other trust assets.
    (b) A trustee who accounts separately for a business or other activity
  may determine the extent to which its net cash receipts must be retained
  for working capital, the acquisition or replacement of fixed assets, and
  other  reasonably foreseeable needs of the business or activity, and the
  extent to which the remaining net cash receipts  are  accounted  for  as
  principal  or  income  in  the  trust's general accounting records. If a
  trustee sells assets of the business or other activity,  other  than  in
  the  ordinary  course  of  the  business  or activity, the trustee shall
  account for the net amount received as principal in the trust's  general
  accounting  records to the extent the trustee determines that the amount
  received is no longer required in the conduct of the business.
    (c) Activities for which a trustee may  maintain  separate  accounting
  records include:
    (1)  retail,  manufacturing,  service,  and other traditional business
  activities;
    (2) farming;
    (3) raising and selling livestock and other animals;
    (4) management of rental properties;
    (5) extraction of minerals and other natural resources;
    (6) timber operations; and
    (7) activities to which 11-A-4.14 applies.

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