91st General Assembly
Summary of HB1286
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House Sponsors:
CROSS-MATHIAS.

Senate Sponsors:
PETKA

Short description: 
LAND TRUST-FIDUCIARY DUTIES                                                

Synopsis of Bill as introduced:
        Creates the  Land  Trust  Fiduciary  Duties  Act.  Provides  that      
   holders  of  powers of direction over a trust have a fiduciary duty to      
   and are fully accountable to  all  the  beneficial  interests  of  the      
   trust. Effective immediately.                                               
        HOUSE AMENDMENT NO. 1.                                                 
        Changes the term "powers of direction" to "the power of direc-         
   tion". Provides that holders of the power of direction have a fidu-         
   ciary duty to the holders of the beneficial interests in land trusts        
   rather than to the beneficial interests of land trusts. Provides that       
   the Act is declaratory of existing law.                                     
        SENATE AMENDMENT NO. 1.                                                
        Provides that, in exercising the power of direction, the holders       
   are presumed to act in a fiduciary capacity (now act in a fiduciary         
   capacity) for the benefit of all holders of the beneficial interest in      
   the trust. Provides that the holders are not presumed to act in a           
   fiduciary capacity for the benefit of all holders of the beneficial         
   interest in the trust if so provided in the land trust agreement.           
 
Last action on Bill: PUBLIC ACT.............................. 91-0433

   Last action date: 99-08-06

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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