§557A-403 Business and other activities conducted by trustee. (a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.
(b) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts shall be retained for working capital, the acquisition or replacement of fixed assets, or other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.
(c) Activities for which the trustee may maintain separate accounting records include:
(1) Retail, manufacturing, service, and other traditional business activities;
(2) Farming;
(3) Raising and selling livestock and other animals;
(4) Management of rental properties;
(5) Extraction of minerals and other natural resources;
(6) Timber operations; and
(7) Activities to which section 557A-415 applies. [L 2000, c 191, pt of §1]
Structure Hawaii Revised Statutes
Title 30. Guardians and Trustees
557A. Uniform Principal and Income Act
557A-103 Fiduciary duties; general principles.
557A-104 Trustee's power to adjust.
557A-105 Notice of proposed action.
557A-106 Proceedings regarding trustee's power to adjust.
557A-201 Determination and distribution of net income.
557A-202 Distribution to residuary and remainder beneficiaries.
557A-301 When right to income begins and ends.
557A-302 Apportionment of receipts and disbursements when decedent dies or income interest begins.
557A-303 Apportionment when income interest ends.
557A-401 Character of receipts.
557A-402 Distribution from trust or estate.
557A-403 Business and other activities conducted by trustee.
557A-406 Obligation to pay money.
557A-407 Insurance policies and similar contracts.
557A-408 Insubstantial allocations not required.
557A-409 Deferred compensation, annuities, and similar payments.
557A-411 Minerals, water, and other natural resources.
557A-413 Property not productive of income.
557A-414 Derivatives and options.
557A-415 Asset-backed securities.
557A-501 Disbursements from income.
557A-502 Disbursements from principal.
557A-503 Transfers from income to principal for depreciation.
557A-504 Transfers from income to reimburse principal.
557A-506 Adjustments between principal and income because of taxes.