§ 15-1.2-414 — Derivative or option - definition

Colorado § 15-1.2-414

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Uniform Fiduciary Income and Principal Act

Text

(1) In this section, derivative
means a contract, instrument, other arrangement, or combination of contracts,
instruments, or other arrangements, the value, rights, and obligations of which are,
in whole or in part, dependent on or derived from an underlying tangible or
intangible asset, group of tangible or intangible assets, index, or occurrence of an
event. The term includes stocks, fixed income securities, and financial instruments
and arrangements based on indices, commodities, interest rates, weather-related
events, and credit-default events.

(2) To the extent a fiduciary does not account for a transaction in derivatives
as a business under section 15-1.2-403, the fiduciary shall allocate ten percent of
receipts from the transaction and ten percent of disbursements made in connection
with the transaction to income and the balance to principal.

(3) Subsection (4) of this section applies if:

(a) A fiduciary:

(I) Grants an option to buy property from a trust, whether or not the trust
owns the property when the option is granted;

(II) Grants an option that permits another person to sell property to the trust;
or

(III) Acquires an option to buy property for the trust or an option to sell an
asset owned by the trust; and

(b) The fiduciary or other owner of the asset is required to deliver the asset if
the option is exercised.

(4) If this subsection (4) applies, the fiduciary shall allocate ten percent to
income and the balance to principal of the following amounts:

(a) An amount received for granting the option;

(b) An amount paid to acquire the option; and

(c) Gain or loss realized on the exercise, exchange, settlement, offset,
closing, or expiration of the option.

Legislative History

Source: L. 2021: Entire article added, (SB 21-171), ch. 143, p. 830, � 1, effective January 1, 2022.