KRS 386A.5-070: Interested transactions.
Where this section sits in the code
(1) Each trustee and each person designated pursuant to KRS 386A.1 -030(4)(h) owes a
duty of loyalty to the statutory trust and any series thereof, including but not limited
to the following:
(a) To account to the trust or a series thereof and hold as trustee f or it any
property, profit, or benefit derived in the conduct and winding up of the trust's
or series's business or derived from a use of property, including the
appropriation of an opportunity, of the trust or a series thereof;
(b) To refrain from dealing with the trust in the conduct or winding up of the
trust's business as or on behalf of a party having an interest adverse to the
trust; and
(c) To refrain from competing with the trust or with any series thereof in the
conduct of its business before dissolution.
(2) A person subject to subsection (1) of this section who acts through a related party
shall be treated as having acted directly.
(3) That a transaction was fair to the statutory trust or a series thereof shall not
constitute a defense to the breach of the obligation in subsection (1) of this section.
Collected 2026-09-05T20:59:18Z. Source file · JSON