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Kentucky · Snapshot 09/05/2026

KRS 386A.6-030: Contribution by beneficial owner.

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Where this section sits in the code

    (1) A contribution of a beneficial owner to a statutory trust may be in cash, property, or

    services rendered or a promissory note or other obligation to contribute cash or

    property or to perform services. A person may become a beneficial owner of a

    statutory t rust and may receive a beneficial interest in a statutory trust without

    making or being obligated to make a contribution to the trust.

    (2) An obligation of a beneficial owner to make a contribution, whether of cash,

    property, or services, to the statutory trust shall not be enforceable unless set forth in

    a writing signed by the beneficial owner.

    (3) Unless otherwise provided in a governing instrument, a beneficial owner shall be

    obligated to the statutory trust to perform any enforceable promise to contrib ute

    cash or property or to perform services, even if the beneficial owner is unable to

    perform because of death, disability, or other reason. If a beneficial owner does not

    make a required contribution of property or services, then the beneficial owner shall

    be obligated, at the option of the statutory trust, to contribute cash equal to that

    portion of value of the stated contribution that has not been made. This obligation is

    in addition to any other right, including the right to specific performance, that the

    trust has against the beneficial owner under the governing instrument or applicable

    law.

    (4) Unless otherwise provided in a governing instrument, an obligation of a beneficial

    owner to make a contribution may be compromised by the beneficial owners.

    Notwithstanding any compromise, a creditor of a statutory trust who extended credit

    or otherwise acted in reliance on an obligation after the beneficial owner executed a

    writing which reflects that obligation and before any such compromise is reached

    may enforce the original obligation.

    Collected 2026-09-05T20:59:18Z. Source file · JSON

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