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2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2109: FIDUCIARIES
2109.38 [Effective Until1/13/2012] Retaining unauthorized investments.


OH Rev Code § 2109.38 What's This?

Sections 2109.37, 2109.371, and 2109.372 of the Revised Code do not prohibit a fiduciary from retaining any part of a trust estate as received by him even though such part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by him after such investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of such investment in the performance of his duties.

Effective Date: 10-20-1987

This section is set out twice. See also § 2109.38, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2109.38 [Effective1/13/2012] Retaining unauthorized investments

Sections 2109.37, 2109.371, and 2109.372 of the Revised Code do not prohibit a fiduciary from retaining any part of a trust estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by the fiduciary after the investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of the investment in the performance of the fiduciary’s duties.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-20-1987

This section is set out twice. See also § 2109.38, effective until 1/13/2012.

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