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
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NRS 88A.170 - Provisions of chapter may be altered or repealed.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.220 - Amendment and restatement of certificate of trust.
NRS 88A.240 - Name of trust: Reservation; injunctive relief.
NRS 88A.270 - Governing instrument: Optional provisions.
NRS 88A.310 - Management of business and affairs by trustees; giving directions to trustees.
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.350 - Right of beneficial owners to inspect and copy ledger; denial of inspection.
NRS 88A.360 - Duties and liabilities of trustee.
NRS 88A.400 - Indemnification of trustee, beneficial owner or other person.
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.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.650 - Defaulting trusts: Conditions and procedure for reinstatement.
NRS 88A.660 - Defaulting trusts: Reinstatement or revival under old or new name.
NRS 88A.720 - Issuance of certificate of registration by Secretary of State.
NRS 88A.730 - Registration of name.
NRS 88A.733 - Certificate of authorization to transact business.
NRS 88A.734 - Addresses of trustees required; failure to file.
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.740 - Cancellation of registration.
NRS 88A.750 - Penalty for transacting business without registration; enforcement; regulations.
NRS 88A.890 - Form required for filing of records.