(a) The governing instrument may authorize any person, including a beneficial owner, to direct a trustee or other person in the management of a statutory trust.
(b) The governing instrument may provide that the power to direct a trustee or other person or the exercise of the power by any person, including a beneficial owner, shall not cause the person to be a trustee or impose on the person duties, including fiduciary duties, or liabilities relating to these duties, to a statutory trust or beneficial owner.
(c) If the governing instrument confers on a person a power to direct actions by a trustee or other person, the trustee or other person shall act in accordance with an exercise of the power, unless the direction is manifestly contrary to the terms of the governing instrument or the trustee knows or has reason to know that following the direction would constitute a serious breach of fiduciary duty by the trustee.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)
This section is referenced in § 29-1201.04.
Uniform Law: This section is based on § 510 of the Uniform Statutory Trust Entity Act.
Structure District of Columbia Code
Title 29 - Business Organizations. [Enacted title]
Subchapter V - Trustees and Trust Management
§ 29–1205.01. Management of statutory trust
§ 29–1205.03. Action by trustees
§ 29–1205.04. Protection of person dealing with trustee
§ 29–1205.05. Standards of conduct for trustees
§ 29–1205.06. Reasonable reliance
§ 29–1205.07. Interested transactions
§ 29–1205.08. Trustee’s right to information
§ 29–1205.09. Reimbursement, indemnification, advancement, and exoneration
§ 29–1205.10. Direction of trustees
§ 29–1205.11. Delegation by trustee
§ 29–1205.12. Independent trustee in registered investment company