§ 19-3-301 — Power to Amend Trust Instrument

(a) The trustee of a trust, whenever created, which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue Code of 1954, may amend the terms of the governing instrument to the extent necessary to bring the trust into conformity with the requirements for:
(1) Termination of private foundation status in the manner described in Section 507(b) thereof;
(2) Exemption of the trust from the taxes imposed by Sections 4941 to 4945, inclusive, thereof; or
(3) Exclusion of the trust from private foundation status under Section 509(a)(3) thereof, and for this latter purpose may release, extinguish or renounce any power contained in the governing instrument, may reduce or limit the charitable organizations or classes of charitable organizations in whose favor a power to select may be exercised and may appoint new or additional trustees.
(b) No amendment of the governing instrument shall be required in order to make effective the requirements of Section 19-3-300.
(c) If the trust is for the benefit of one or more named charitable organizations, the trustee shall first obtain the written consent of those organizations before making any amendment under subdivision (3) of subsection (a) of this section.

Legislative History

(Acts 1971, No. 2276, p. 3666, §2.)