KRS 286.3-275: Limits on liability of bank or trust company acting as fiduciary.
Where this section sits in the code
(1) When an instrument, under which a bank empowered to act as a fiduciary or trust
company acts, reserves in the grantor, or vests in an advisory or investment
committee or in one (1) or more other persons, any power, including, but not
limited to, the author ity to direct the acquisition, disposition, or retention of any
investment or the power to authorize any act that the bank or trust company may
propose, the fiduciary is not liable, either individually or as a fiduciary, for either of
the following:
(a) Any loss that results from compliance with an authorized direction of the
grantor, committee, person, or persons; or
(b) Any loss that results from a failure to take any action proposed by the bank or
trust company that requires the prior authorization of th e grantor, committee,
person, or persons if the bank or trust company timely sought but failed to
obtain that authorization.
(2) The bank or trust company referred to in subsection (1) of this section is relieved
from any obligation to perform investment r eviews and make recommendations
with respect to any investments to the extent the grantor, an advisory or investment
committee, or one (1) or more other persons have authority to direct the acquisition,
disposition, or retention of any investment.
(3) This section shall not apply to the extent that the instrument, under which the bank
or trust company referred to in subsection (1) of this section acts, contains
provisions that are inconsistent with this section.
Collected 2026-09-05T20:57:10Z. Source file · JSON