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Current as of January 01, 2021 | Updated by FindLaw Staff
(1) After dissolution, a statutory trust continues its existence as a statutory trust, but may not carry on any activities except as is appropriate to wind up and liquidate its activities and affairs, including:
(a) Collecting the assets of the trust;
(b) Disposing of the properties of the trust that will not be distributed in kind to beneficial owners of the trust;
(c) Discharging or making provision for discharging the liabilities of the trust, including entering into agreements with creditors for the satisfaction thereof;
(d) Distributing the remaining property of the trust in accordance with KRS 386A.8-080; and
(e) Doing every other act necessary to wind up and liquidate the trust's activities and affairs.
(2) In winding up a statutory trust's activities, a trust may:
(a) Preserve the trust's activities and property as a going concern for a reasonable time;
(b) Prosecute, defend, or settle actions or proceedings whether civil, criminal, or administrative, including by mediation or arbitration; and
(c) Transfer the property of the trust.
(3) The dissolution of a statutory trust does not:
(a) Prevent the commencement of a proceeding by or against the trust in its name;
(b) Abate or suspend a proceeding by or against the trust pending on the effective date of dissolution;
(c) Transfer title to the trust's property;
(d) Terminate the authority of the registered agent of the statutory trust;
(e) Abate or suspend KRS 386A.3-040; or
(f) Abate or suspend KRS 386A.4-020.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 386A.8-040.Winding up - last updated January 01, 2021 | https://codes.findlaw.com/ky/title-xxxiii-administration-of-trusts-and-estates-of-persons-under-disability/ky-rev-st-sect-386a-8-040/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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