Current through Acts 2023-2024, ch. 1069
Section 35-16-108 - Qualified trustees and advisors(a) For purposes of this chapter, neither the transferor nor any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in § 35-16-102(12)(A) shall be considered a qualified trustee; however, nothing in this chapter shall preclude a transferor from appointing one (1) or more advisors, including, but not limited to:(1) Advisors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust advisors;(2) Advisors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust; and(3) Investment advisors, whether or not the advisors would meet the requirements imposed by § 35-16-102(12).(b) For purposes of subsection (a), "advisor" includes a trust "protector" or any other person who, in addition to a qualified trustee, holds one (1) or more trust powers.