FDIC: Trust Examination Manual. Trust Examination Manual. Appendix C - Fiduciary Law. Table of Contents. Index of Laws & Regulations. FDIC Homepage Federal Deposit Insurance Corporation Each depositor insured to at least $250,000 per insured bank. Artisteer - Automated Web Designer. Artisteer is the first and only Web design automation product that instantly creates fantastic looking, unique website templates and blog themes. Design awesome blogs and cool web templates. Outside Business Counsel. SMITH PAKNEJAD PLC is general counsel to businesses throughout Arizona because the firm’s attorneys take time to learn what makes its’ clients’ operations, industries, and ideas unique. NOTICE: This is NOT the official version of the General Laws of Massachusetts. While reasonable efforts have been made to ensure the accuracy of the data provided, do not rely on this information without first checking the. Arizona child custody & divorce resources for parents, grandparents, stepparents, professionals and companies.Found in FDIC Loose- leaf Rules & Regulations Service. This is commonly referred. Restatement of Trusts 2d: Prudent Man Rule. Investment Of Trust Funds. Section 2. 27. Investments Which a Trustee Can Properly Make. In making investments of trust funds the trustee is under a duty to the. In the absence of provisions in the terms of the trust or of a statute. The Arizona Revised Statutes have been updated to include the revised sections from the 52nd Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion. Except as otherwise provided by the terms of the. This topic. deals with the manner in which the trustee should perform these duties in. In many States this rule has now been adopted by statute. The trustee does not use due care in making an. Ordinarily this involves. He may take into consideration advice given to him by. The trustee is liable for a loss resulting from. On the other hand, if the. If the trustee is a bank or trust company, it must. In making investments not only is the trustee. In the absence of provisions in the terms of the trust or. The question of the amount of risk. No man of intelligence would make a. Where, however, the risk is not out of. Such a disposition is not a proper trust investment, because it. It is not ordinarily the duty of a trustee to invest only in the very safest and. Thus, assuming that United States. The reason for this is that by the use of. The trustee, in considering the scope of investments that he should make, should. In some circumstances the amount and regularity of the income may be more. It is impossible to. Ordinarily it is proper for a trustee to invest. United States or of the State or. In any. case, however, whether the investment is proper depends upon the circumstances. Unless it is otherwise provided by the terms of the trust, the following are not. Although a trustee cannot properly. Ordinarily second or other junior mortgages are not. It may be proper for the trustee, however, to take a. An unsecured loan of trust funds may be improper. Such a loan, however, is not necessarily imprudent. Thus, a. trustee can properly make a general deposit of trust money in a bank, as a. Such a deposit was. Federal Deposit Insurance Corporation. In some. States statutes have permitted such deposits to the extent to which they are. The fact that in making. Thus, an investment of trust funds in a. By statute in almost all of the States, corporate. Investments outside the State in which. State may be one element in considering whether the. In earlier decisions, the courts were inclined to. United States or even outside the. State in which the trust was administered. It is quite otherwise today. Thus, investments in. State or in securities of a corporation. State, or in bonds of another. State or of a foreign government, are not ordinarily improper. The purchase of shares of preferred or common stock of. In several of the. States such an investment is permitted only as to a specified proportion of the. In several States trustees are. In many of the statutes the. Investment Company Act of 1. Among the matters which the trustee should consider in selecting a. Whether the trustee has acted properly in making an investment depends upon the. If at the time when the trustee makes an investment it is an investment. Ordinarily, if the trust is to terminate at a fixed time, as after the lapse of. Thus, if the trust is to. On the. other hand, the trustee need not necessarily invest in short term obligations. Comment on Clause (b). Statutes. In many States there are statutes governing investments by. In many States the prudent- man rule, stated in this Section, has been. In some States statutes are more restricted, allowing only. In other States, no investments except those. Statues confining trustees to certain types of investments are not construed as. When discretion as to investments is conferred upon the trustee by the terms of. Where by statute trustees are confined to certain types of. The. result is ordinarily the same if the trustee is authorized to make investments. By the terms of the trust the trustee may be permitted to invest. Clause (a). The provisions of the trust instrument, however, are. Clause (a). An authorization by statute to invest in a particular type of security does not. The trustee must. Thus, if by statute. Whether an investment is proper is determined by the terms of the statute. Comment on Clause (c). Terms of the trust. As a general rule a trustee can properly make such. In making. investments, however, the trustee is not under a duty to the beneficiary to. The trustee is not. By the terms of the trust the scope of. Clause (b) and those which in the absence of statutory regulation would be. Clause (a). Thus, although by a. Similarly, although in the absence of a statute an. On the other hand, by the. Thus, although by statute trustees are permitted. Similarly, although. The terms of the trust as. If he is merely authorized to make certain investments, he. When discretion as to. If by the terms of the trust the. By the terms of the trust, however, the trustee may be. Clause (a). The provisions of the trust. Clause (a). An authorization to invest in securities, however, does not of. The trustee must use care and skill and caution in making the. Thus, if the trustee is authorized by the terms of the trust to. Thus, where by the terms of the trust the trustee was. In the case of an informal trust, as where one hands. The circumstances, however, surrounding. If the. trust is one created by will or deed of trust, the trust instrument must itself. An investment which would not otherwise be. In making investments, as in other matters. It is a breach of trust for the. He cannot properly delegate to another power to. Uniform Prudent Investor Act. Uniform Prudent Investor Act. National Conference of Commissioners. Uniform State Laws. Chicago, Illinois. July 2. 9 - August 5, 1. American Bar Association. Miami, Florida, February 1. Uniform Prudent Investor Act. The Committee that acted for the National Conference of Commissioners. Uniform State Laws in preparing the Uniform Prudent Investor Act was as. Richard V. Wellman, University of Georgia, School of Law, Athens, GA. Chair. Clark A. Paul Street, Burlington, VT 0. John H. Langbein, Yale Law School, P. O. Box 2. 08. 21. New Haven, CT 0. 65. National Conference Reporter. Robert A. Stein, American Bar Association, 7. North Lake Shore Drive. Chicago,IL 6. 06. Richard C. Hite, 2. West Douglas Avenue, Suite 6. Wichita, KS 6. 72. President. John H. Langbein, Yale Law School, P. O. Box 2. 08. 21. New Haven, CT 0. 65. Chair, Division D. Executive Director. Fred H. Miller, University of Oklahoma, College of Law, 3. Timberdell. Road,Norman, OK 7. Executive Director. William J. Pierce, 1. Roxbury Road, Ann Arbor, MI 4. Executive Director Emeritus. Review Committee. Edward F. Lowry, Jr., Suite 1. East Camelback Road, Scottsdale,AZ 8. Chair. H. Reese Hansen, Brigham Young University, J. Reuben Clark Law School,3. A JRCB, Provo, UT 8. Mildred W. Robinson, University of Virginia, School of Law, 5. Massie. Road,Charlottesville, VA 2. Advisor to drafting committee. Joseph Kartiganer, American Bar Association. Copies of this Act may be obtained from. National Conference of Commissioners on Uniform State. North St. Clair Street, Suite 1. Chicago, Illinois 6. Uniform Prudent Investor Act. Over the quarter century from the late 1. The Uniform Prudent Investor Act. UPIA) undertakes to update trust investment law in recognition of the. These changes have. UPIA makes five fundamental. All are to be found in. Restatement of Trusts 3d: Prudent Investor Rule.(1) The standard of prudence is applied to any investment as part of the. In the trust setting the. Delegation is. now permitted, subject to safeguards. These changes in trust investment law have been. See especially. the discussion and reporter's notes by Edward C. Halbach, Jr., in Restatement of. Trusts 3d: Prudent Investor Rule (1. Edward C. Halbach, Jr., Trust. Investment Law in the Third Restatement, 2. Real Property, Probate & Trust. J. 4. 07 (1. 99. 2); Bevis Longstreth, Modern Investment Management and the Prudent. Man Rule (1. 98. 6); Jeffrey N. Gordon, The Puzzling Persistence of the Constrained. Prudent Man Rule, 6. N. Y. U. L. Langbein & Richard A. Note. The Regulation of Risky Investments, 8. Harvard L. A succinct. Jonathan R. Macey, An Introduction to Modern Financial Theory (1. American. College of Trust & Estate Counsel Foundation). A leading introductory text. R. A. Brealey, An Introduction to Risk and Return. Common Stocks (2d ed. Most states have legislation governing. This Act promotes uniformity of state law on the basis of. Restatement of Trusts 3d: Prudent Investor. Rule. Some states have already acted. California, Delaware, Georgia, Minnesota. Tennessee, and Washington revised their prudent investor legislation to. Restatement. These statutes are extracted and discussed in Restatement of Trusts. Prudent Investor Rule . As the Comments to. Uniform Prudent Investor Act reflect, the Act draws upon the Illinois. Virginia revised its prudent investor act in a. Florida. Statutes . New York legislation drawing on the new Restatement and on a. Uniform Prudent Investor Act was enacted in 1. Assembly Bill 1. 16. B, Ch. 6. 09 (1. 99. Estates, Powers and Trusts. Law . This Act does not undertake to address issues of. Remedies are the. See generally Restatement. Second) of Trusts . This Act is. centrally concerned with the investment responsibilities arising under the. Nevertheless, the prudent investor rule also bears. The. Employee Retirement Income Security Act (ERISA), the federal regulatory scheme. ERISA . The. Supreme Court has said: . Other fiduciary relationships. The Uniform Prudent Investor. Act regulates the investment responsibilities of trustees. Other. fiduciaries - such as executors, conservators, and guardians of the. It will often be appropriate for states to. Act to these other. The present Act. does not undertake to adjust trust- investment law to the special circumstances. Although the Uniform Prudent Investor Act by its terms applies to trusts and. Juvenile Treatment Contracts. Juvenile Courts throughout the State of Arizona are integrating Evidence- based Practice (EBP) in probation supervision, case management and the treatment of offenders. Research indicates integration of EBP across these areas improves efficiency in managing offenders and reliably produces sustained reductions in recidivism and improved public safety. It is essential that treatment programs designed for delinquent youth must target factors of EBP such as risk, criminogenic need and responsivity. Collaborative and systemic efforts to integrate EBP throughout probation, case management and the treatment process increase the likelihood for exceptional outcomes with the juvenile justice population. The Arizona Supreme Court, Juvenile Justice Services Division (ASC/JJSD) contracts with both Full Procurement Agencies and Independent Practitioners for the provision of statewide juvenile treatment services. There are two contracting processes that vendors may participate in for the procurement of services. Solicitation for Treatment Services. A solicitation for treatment services is an open, competitive bid process that allows vendors to propose services for contract through an application process. Solicitations are statewide and typically occur annually depending upon the availability of funds and need for services. Current AOC contracted vendors are notified of solicitation announcements automatically and may elect to add additional services to contract at that time. Interested Vendors requesting to receive notification of upcoming solicitations must complete and submit interested vendor registration. Open & Continuous Contracting. The annual Open & Continuous (O& C), contracting process occurs only when there is an imminent need for service(s) that is not being fulfilled by current contracted services and/or vendors. This process is largely reserved to satisfy service needs in rural areas of the state. Please reference the current Needs Assessment at the following link: Needs Assessment The Vendor Service Proposal Form must be used to submit the Open and Continuous Contract Application for consideration. Upon review and direction by the ASC/JJSD, the O& C contracting application may be accessed at the following link: Open & Continuous Application . Contract terms run a five (5) year cycle with opportunity for contract renewal on two (2) consecutive 1. Contractors are required to submit annual Diversity and successful outcome reporting, where applicable, upon the close of each fiscal year. Downloadable Contract & Monitoring Documents. Standard Terms & Conditions for Independent Practitioners. Standard Terms & Conditions for Full Procurement. AOC Invoice Billing Manual. AOC Criminal History Affidavit. W- 9 Form. AOC Contractor Incident Report Form.
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