A. The Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in New Mexico, subject to the following rules:
(1) if the trust was created before January 1, 2019, that act applies only to a decision or action occurring on or after that date; and
(2) if the principal place of administration of the trust is changed to New Mexico on or after January 1, 2019, that act applies only to a decision or action occurring on or after the date of the change.
B. Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, the terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
(1) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction;
(2) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction; or
(3) all or part of the administration occurs in the designated jurisdiction.
History: Laws 2018, ch. 63, § 3.
Effective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 3 effective January 1, 2019.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 14 - Uniform Directed Trust
Section 46-14-1 - Short title.
Section 46-14-2 - Definitions.
Section 46-14-3 - Application; principal place of administration.
Section 46-14-4 - Common law and principles of equity.
Section 46-14-6 - Powers of trust director.
Section 46-14-7 - Limitations on trust director.
Section 46-14-8 - Duty and liability of trust director.
Section 46-14-9 - Duty and liability of directed trustee.
Section 46-14-10 - Duty to provide information to trust director or trustee.
Section 46-14-11 - No duty to monitor, inform or advise.
Section 46-14-12 - Application to cotrustee [co-trustee].
Section 46-14-13 - Limitation of action against trust director.
Section 46-14-14 - Defenses in action against trust director.
Section 46-14-15 - Jurisdiction over trust director.
Section 46-14-16 - Office of trust director.
Section 46-14-17 - Uniformity of application and construction.
Section 46-14-18 - Relation to Electronic Signatures in Global and National Commerce Act.