Nevada Revised Statutes
Chapter 88A - Business Trusts
NRS 88A.360 - Duties and liabilities of trustee.


1. Except as otherwise provided in the governing instrument but subject to the provisions of subsection 3, a trustee shall act in good faith and in a manner the trustee reasonably believes to be in the best interest of the business trust.
2. If there is at least one trustee of a series trust that, in discharging its duties, is obligated to consider the interests of the trust and all series thereof, the governing instrument may provide that one or more other trustees, in discharging their duties, may consider only the interest of the trust or one or more series thereof.
3. The governing instrument may expand, restrict or eliminate the duties of the trustee of a business trust, except that a governing instrument may not eliminate the implied contractual covenant of good faith and fair dealing.
4. If the trustee acts pursuant to a governing instrument, the trustee is not liable to the business trust or to a beneficial owner for the trustee’s reliance in good faith on the provisions of the governing instrument.
(Added to NRS by 1999, 1571; A 2011, 2810)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 88A - Business Trusts

NRS 88A.010 - Definitions.

NRS 88A.020 - "Beneficial owner" defined.

NRS 88A.030 - "Business trust" defined.

NRS 88A.040 - "Foreign business trust" defined.

NRS 88A.050 - "Governing instrument" defined.

NRS 88A.057 - Registered agent" defined.

NRS 88A.060 - "Registered office" defined.

NRS 88A.110 - "Trustee" defined.

NRS 88A.150 - Applicability of chapter to foreign and interstate commerce.

NRS 88A.160 - Applicability of laws pertaining to trusts; principle of freedom of contract and enforceability of governing instruments.

NRS 88A.170 - Provisions of chapter may be altered or repealed.

NRS 88A.200 - Purpose; prohibition against formation of business trust for certain illegal purposes.

NRS 88A.210 - Filing requirements; required and optional provisions of certificate of trust.

NRS 88A.215 - Penalty for purporting to do business as business trust without filing certificate of trust; enforcement; regulations.

NRS 88A.220 - Amendment and restatement of certificate of trust.

NRS 88A.230 - Name of trust: Distinguishable name required; availability of name of revoked, merged or otherwise terminated trust; regulations.

NRS 88A.240 - Name of trust: Reservation; injunctive relief.

NRS 88A.250 - Certificate of amendment, restatement or cancellation and articles of merger: Filing and effectiveness of certificates and articles.

NRS 88A.260 - Perpetual existence of trust; artificial person formed pursuant to other laws who is beneficial owner or trustee; inapplicability of certain laws.

NRS 88A.270 - Governing instrument: Optional provisions.

NRS 88A.280 - Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.

NRS 88A.300 - General powers.

NRS 88A.310 - Management of business and affairs by trustees; giving directions to trustees.

NRS 88A.320 - Ownership of beneficial interest in trust: Participation in profits and losses; creditor of beneficial owner; personal property; evidence of interest; transferability; distributions.

NRS 88A.330 - Beneficial owners: Contributions to trust; obligations; penalties.

NRS 88A.340 - Maintenance of records at principal office in State or with custodian of records.

NRS 88A.345 - Information concerning records; requirement to assist in criminal investigation; failure to comply; regulations.

NRS 88A.350 - Right of beneficial owners to inspect and copy ledger; denial of inspection.

NRS 88A.360 - Duties and liabilities of trustee.

NRS 88A.370 - Duties and liabilities of officer, employee, manager or other person acting pursuant to certificate of trust or governing instrument.

NRS 88A.380 - Enforceability of debts, liabilities, obligations and expenses against assets of series of trustees, beneficial owners or beneficial interests.

NRS 88A.390 - Liability of beneficial owner, trustee, officer, agent, manager or employee for debts or liabilities of trust.

NRS 88A.400 - Indemnification of trustee, beneficial owner or other person.

NRS 88A.410 - Derivative actions: Authority of beneficial owner to bring action; qualifications of plaintiff; pleading; expenses.

NRS 88A.420 - Cancellation of certificate of trust upon termination of trust.

NRS 88A.500 - Requirement; address; penalty for noncompliance.

NRS 88A.520 - Powers; service of process, demand or notice.

NRS 88A.530 - Resignation of registered agent or termination of registration of commercial registered agent.

NRS 88A.600 - Filing requirements; fee; notice; regulations.

NRS 88A.610 - Certificate of authorization to transact business.

NRS 88A.620 - Addresses of trustees required; failure to file.

NRS 88A.630 - Defaulting trusts: Identification; penalty.

NRS 88A.640 - Defaulting trusts: Duties of Secretary of State; forfeiture of right to transact business; assets held in trust.

NRS 88A.650 - Defaulting trusts: Conditions and procedure for reinstatement.

NRS 88A.660 - Defaulting trusts: Reinstatement or revival under old or new name.

NRS 88A.665 - Cancellation of revoked certificate of trust without additional fees and penalties; regulations.

NRS 88A.700 - Laws governing organization, internal affairs and liability of beneficial owners, trustees, officers, employees and managers.

NRS 88A.710 - Filing requirements; required provisions of application for registration; prohibition against registration for certain illegal purposes.

NRS 88A.720 - Issuance of certificate of registration by Secretary of State.

NRS 88A.730 - Registration of name.

NRS 88A.732 - Annual list: Filing requirements; fees; powers and duties of Secretary of State; regulations.

NRS 88A.733 - Certificate of authorization to transact business.

NRS 88A.734 - Addresses of trustees required; failure to file.

NRS 88A.7345 - List or statement to be maintained at principal place of business or with custodian of records; requirement to assist in criminal investigation; failure to comply; regulations.

NRS 88A.735 - Defaulting trusts: Identification; forfeiture of right to transact business; penalty.

NRS 88A.736 - Defaulting trusts: Duties of Secretary of State.

NRS 88A.737 - Defaulting trusts: Conditions and procedure for reinstatement.

NRS 88A.738 - Defaulting trusts: Reinstatement or revival under old or new name; regulations.

NRS 88A.739 - Cancellation of revoked registration without additional fees and penalties; regulations.

NRS 88A.740 - Cancellation of registration.

NRS 88A.745 - Renewal or revival of right to transact business: Procedure; fee; certificate as evidence; status of trust.

NRS 88A.750 - Penalty for transacting business without registration; enforcement; regulations.

NRS 88A.890 - Form required for filing of records.

NRS 88A.900 - Fees.

NRS 88A.910 - Manner in which record may be filed.

NRS 88A.920 - Procedure to submit replacement page to Secretary of State before actual filing of record.

NRS 88A.930 - Correction of inaccurate or defective record filed with Secretary of State; cancellation of filings.

NRS 88A.935 - Manner of storage of records; conversion of electronic records into clear and legible paper form; admissibility in evidence of electronic records.

NRS 88A.940 - Secretary of State authorized to adopt certain regulations to allow business trust to carry out powers and duties through most recent technology.

NRS 88A.950 - Renewal or revival of certificate: Procedure; fee; certificate as evidence; status of trust.