Section 11-A-4.3. Business and other activities conducted by trustee


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  • (a)  If a trustee who conducts a business or other activity determines
      that it is in the best interest of  all  the  beneficiaries  to  account
      separately  for the business or activity instead of accounting for it as
      part of the trust's general accounting records, the trustee may maintain
      separate accounting records for its transactions,  whether  or  not  its
      assets are segregated from other trust assets.
        (b) A trustee who accounts separately for a business or other activity
      may determine the extent to which its net cash receipts must be retained
      for working capital, the acquisition or replacement of fixed assets, and
      other  reasonably foreseeable needs of the business or activity, and the
      extent to which the remaining net cash receipts  are  accounted  for  as
      principal  or  income  in  the  trust's general accounting records. If a
      trustee sells assets of the business or other activity,  other  than  in
      the  ordinary  course  of  the  business  or activity, the trustee shall
      account for the net amount received as principal in the trust's  general
      accounting  records to the extent the trustee determines that the amount
      received is no longer required in the conduct of the business.
        (c) Activities for which a trustee may  maintain  separate  accounting
      records include:
        (1)  retail,  manufacturing,  service,  and other traditional business
      activities;
        (2) farming;
        (3) raising and selling livestock and other animals;
        (4) management of rental properties;
        (5) extraction of minerals and other natural resources;
        (6) timber operations; and
        (7) activities to which 11-A-4.14 applies.