§557A-414 Derivatives and options. (a) As used in this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments that gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.
(b) To the extent that a trustee does not account under section 557A-403 for transactions in derivatives, receipts from and disbursement made in connection with those transactions shall be allocated to principal.
(c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal, and an amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal. [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.