2006 South Dakota Code - 55-15-9 — Administration of total return unitrust--Authority of trustee.

     55-15-9.   Administration of total return unitrust--Authority of trustee. In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine:
             (1)      The effective date of the conversion;
             (2)      The timing of distributions (including provisions for prorating a distributions for a short year in which a beneficiary' right to payments commences or ceases);
             (3)      Whether distributions are to be made in cash or in kind or partly in cash and partly in kind;
             (4)      If the trust is reconverted to an income trust, the effective date of such reconversion; and
             (5)      Such other administrative issues as may be necessary or appropriate to carry out the purposes of this chapter.

Source: SL 2002, ch 225, § 9.

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