§ 59-153-30 — Delegation of functions by trustee.

(A) The trustee may delegate functions including, but not limited to, day-to-day investment decisions that a prudent trustee acting in a like capacity and familiar with those matters could delegate properly under the circumstances. (B) The trustee shall exercise reasonable care, skill, and caution in periodically reviewing the agent's performance and compliance with the terms of the delegation. (C) In performing a delegated function, an agent owes a duty to the endowment and to its beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 59-153-40. (D) A trustee who complies with subsections (A) and (B) is not liable to the endowment or to its beneficiary for the decisions or actions of the agent to whom the function was delegated. (E) By accepting the delegation of a function from the trustee, an agent submits to the jurisdiction of the courts of this State. (F) A trustee may limit the authority of an agent to delegate functions under this section.

Legislative History

HISTORY: 1999 Act No. 122, SECTION 2.