Current with changes from the 2024 Legislative Session
Section 9:2350.2 - Application of other Louisiana Trust Code provisionsA. Whenever the provisions of this Chapter are silent and except as otherwise provided in this Chapter, the provisions of Chapter 2 of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes shall apply, and whenever the provisions of Chapter 2 are silent then the provisions of the Louisiana Trust Code shall apply. The Louisiana Trust Code shall not be applied in a contradictory manner to Chapter 2 of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes. The provisions of neither the Louisiana Trust Code nor Chapter 2 shall be applied in a contradictory manner to the provisions of this Chapter, to invalidate a trust authorized pursuant to this Chapter, to adversely affect the tax-exempt status of a special charitable trust, nor to prevent any tax deduction for contributions to the trust.B. Notwithstanding any provision to the contrary, a special charitable trust shall be subject to the provisions of the Louisiana Uniform Prudent Management of Institutional Funds Act. A special charitable trust shall be considered an "institution" for purposes of R.S. 9:2337.2(4) and the trust assets shall not be considered funds "held for an institution by a trustee that is not an institution" pursuant to R.S. 9:2337.2(5)(b) although the special charitable trust has "individuals" as trustees.C. The trust may be amended only with court approval. The trust shall not be amended to relieve a trustee of his fiduciary obligations or to waive a conflict of interest or ethical rules. Added by Acts 2024, No. 274,s. 1, eff. 5/23/2024.