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Kentucky · Snapshot 09/05/2026

KRS 386A.6-040: Distribution to beneficial owner.

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Where this section sits in the code

    (1) Any distribution by a statutory trust before dissolution shall be made in proportion

    to the beneficial interests.

    (2) When a beneficial owner becomes entitled to receive a distribution, the trust's

    indebtedness to a beneficial owner shall be at parity with the trust's indebtedness to

    its general creditors except to the extent subordinated by agreement.

    (3) When a beneficial owner associated with a series becomes entitled to a distribution,

    the series's indebtedness to a beneficial owner shall be at parity w ith the series's

    indebtedness to its general creditors except as subordinated by agreement.

    (4) Unless otherwise provided in a governing instrument:

    (a) A beneficial owner, regardless of the nature of the beneficial owner's

    contribution, shall not have a right to demand and receive a distribution in any

    form other than cash; and

    (b) A beneficial owner shall not be compelled to accept a distribution of any asset

    in kind to the extent that the percentage of the asset distributed to the

    beneficial owner exceeds the percentage that the beneficial owner would have

    shared in cash distribution equal to the value of the property at the time of

    distribution.

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

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