§ 30-4-8-6 — Qualified trustees; duties

(a) A person may serve as a qualified trustee of
a legacy trust if the person is not the transferor and satisfies either of
the following requirements:
(1) In the case of an individual, the individual is a resident of
Indiana.
(2) In all other cases, the person is:
(A) authorized by Indiana law to act as a trustee; and
(B) subject to the supervision of:
(i) the department of financial institutions; or
(ii) the federal Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the Board of
Governors of the Federal Reserve System, or any successor
to these agencies.
(b) A qualified trustee shall do the following:
(1) Maintain or arrange for providing custody of the property
subject to the qualified disposition in Indiana.
(2) Maintain complete and accurate records for the legacy trust on
an exclusive or nonexclusive basis.
(3) Prepare or arrange for the preparation of all required tax
returns for the legacy trust.
(4) Materially participate in the administration of the legacy trust.

Legislative History

As added by P.L.221-2019, SEC.9.