North Dakota Century Code Title 59. Trusts § 59-16.3-11. Applicability of chapter

1. The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust;

2. One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust which is not subject to an ascertainable standard under sections 2041 and 2514 of the Internal Revenue Code, or which can be exercised to discharge a duty of support the person possesses; or

3. The governing instrument expressly prohibits use of this chapter by specific reference to the chapter. A provision in the governing instrument that “the provisions of this chapter, or any corresponding provision of future law, may not be used in the administration of this trust” are sufficient to preclude use of this chapter.