(a) General rule.--Any nonprofit corporation holding or receiving assets under section 5547 (relating to authority to take and hold trust property) may, by appropriate action of its board of directors or other body, transfer, which transfer may be either revocable or irrevocable, any such assets to a corporate trustee, which shall be a bank and trust company or a trust company incorporated under the laws of this Commonwealth or a national banking association having fiduciary powers and having its principal office in this Commonwealth, as trustee and with like investment restrictions. In like manner the corporation may transfer, which transfer shall be revocable, any other part of its assets to such a corporate trustee, subject to the same powers, restrictions and obligations with respect to investment as are applicable to the corporation itself.
(b) Relief from liability.--Upon such transfer the board of directors or other body of the corporation shall be relieved of all liability for the administration of such assets for as long as such assets are administered by the corporate trustee.
(c) Amount and frequency of payment.--Such corporate trustee shall pay, at least semi-annually or at more frequent intervals if so agreed, the net income from such assets, which income may be determined under section 5548(c) (relating to investment of trust funds) if such election is properly made by the board of directors or other body of the corporation, to the corporation for use and application to the purpose or purposes for which the assets were received by the corporation.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 21, 1998, P.L.1067, No.141, eff. imd.)
1998 Amendment. Act 141 amended subsec. (c). Section 4 of Act 141 provided that the amendment of subsec. (c) shall apply to all trusts, whether created before, on or after the effective date of Act 141.
1988 Amendment. Act 177 amended subsec. (a).
Cross References. Section 5549 is referred to in sections 5548, 5585 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 55 - Corporate Powers, Duties and Safeguards
Section 5501 - Corporate capacity
Section 5503 - Defense of ultra vires
Section 5504 - Adoption, amendment and contents of bylaws
Section 5505 - Persons bound by bylaws
Section 5506 - Form of execution of instruments
Section 5507 - Registered office
Section 5508 - Corporate records; inspection by members
Section 5509 - Bylaws and other powers in emergency
Section 5510 - Certain specifically authorized debt terms
Section 5511 - Establishment of subordinate units
Section 5512 - Informational rights of a director
Section 5513 - Forum selection provisions
Section 5541 - Capital contributions of members
Section 5543 - Debt and security interests
Section 5543.1 - Usury not a defense (Repealed)
Section 5544 - Dues and assessments
Section 5545 - Income from corporate activities
Section 5546 - Purchase, sale, mortgage and lease of real property
Section 5546.1 - Insolvency or bankruptcy (Repealed)
Section 5547 - Authority to take and hold trust property
Section 5548 - Investment of trust funds
Section 5548.1 - Nonjudicial settlement agreement
Section 5549 - Transfer of trust or other assets to institutional trustee
Section 5550 - Devises, bequests and gifts after certain fundamental changes
Section 5551 - Dividends prohibited; compensation and certain payments authorized
Section 5553 - Liabilities of members
Section 5554 - Annual report of directors or other body
Section 5585 - Establishment or use of common trust funds authorized
Section 5586 - Restrictions on investments
Section 5587 - Determination of interests