Title 30, TRUSTS AND FIDUCIARIES

Sec. 6. The meaning and effect of a power of attorney are determined by the law of the jurisdiction indicated in the power of attorney. In the absence of an indication of jurisdiction, the meaning and effect of a power of attorney are determined by the law of the jurisdiction in …

Sec. 7. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). However, this article does not: (1) modify, limit, or supersede 15 U.S.C. 7001(c); or (2) authorize the electronic delivery of a notice de…

Sec. 8. (a) IC 32-39-2-6 applies to the right of an attorney in fact to access the content of an electronic communication of the principal. (b) IC 32-39-2-7 applies to the right of an attorney in fact to access: (1) a catalogue of electronic communications sent or received by the…

Sec. 1. (a) Obligations issued by or for the Inter-American Development Bank or the African Development Bank are declared to be eligible investments for all funds authorized by law to be invested by any and all of the following: (1) Any financial institution (as defined in IC 28-…

Sec. 1. (a) In this chapter unless the context or subject-matter otherwise requires: (1) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking. (2) "Fiduciary" includes a trustee under any trust, expressed, implied,…

Sec. 10. When a deposit is made in a bank in the name of two (2) or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holde…

Sec. 11. The provisions of this chapter shall not apply to transactions taking place prior to May 16, 1927. Formerly: Acts 1927, c.17, s.11. As amended by Acts 1982, P.L.171, SEC.93.

Sec. 12. In any case not provided for in this chapter, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply. Formerly: Acts 1927, c.17, s.12. As amended by…

Sec. 13. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Formerly: Acts 1927, c.17, s.13. As amended by Acts 1982, P.L.171, SEC.95.

Sec. 14. This chapter may be cited as the Uniform Fiduciaries Act. Formerly: Acts 1927, c.17, s.14. As amended by Acts 1982, P.L.171, SEC.96.

Sec. 2. A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right to title acquired from the fiduciary in cons…

Sec. 3. If an executor, administrator, trustee, guardian or other fiduciary or the nominee of a fiduciary in whose name are registered or to be registered any shares of stock, bonds or other securities of any corporation, public or private, or company or other association, applie…

Sec. 4. If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indor…

Sec. 5. If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his oblig…

Sec. 6. If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to …

Sec. 7. If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, …

Sec. 8. If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledg…

Sec. 9. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw…

Sec. 1. Notwithstanding IC 30-4-2-2 and IC 30-4-3-33, this chapter applies whenever a county that has been given, devised, or bequeathed money or property in trust for the purpose of establishing and maintaining a home for indigent women, worthy poor, or orphan children, and the …

Sec. 2. If the board of commissioners determines: (1) that the amount of money or property given, devised, or bequeathed is or will be inadequate to carry out the trust without an additional appropriation from the county; and (2) that the county will not be substantially benefite…

Sec. 3. The auditor of a county in which the board of commissioners makes a finding under this chapter affecting the title to real estate shall immediately certify a transcript of the finding to the county recorder of the county in which the real estate so affected is located. Th…

Sec. 1. (Presumption of Trustee's Authority) (a) Except as provided in subsection (b) of this section, any third person dealing with the trustee or assisting him in conducting a transaction: (1) may assume without inquiry that the trustee has the powers he purports to exercise an…

Sec. 2. (Transfers by the Trustee to Third Persons) (a) If, in transferring an interest in trust property to a third party, the trustee is not committing a breach of trust, the transferee holds the interest free of the trust and incures no liability to the beneficiary. (b) A thir…

Sec. 3. (Judgment Lien against the Trustee or Beneficiary) (a) A judgment against a person individually who may also be a trustee shall not be a lien against the trust estate. (b) When trust property is properly sold or disposed of by the trustee to a third person, the liens agai…

Sec. 4. (Disclosure of Information Concerning Beneficiaries) (a) Any person may petition the court for disclosure of information concerning beneficiaries or the trust estate. The court may order the disclosure of all or any part of the information requested in the petition only a…

Sec. 5. (a) A trustee may furnish to a person other than a beneficiary a certification of trust instead of a copy of the trust instrument. The certification of trust must contain the following information: (1) That the trust exists and the date the trust instrument was executed. …

Sec. 1. (a) To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name an attorney in fact. (3) Give the attorney in fact the power to act on behalf of the principal. (4) Be signed by the principal or at the principal's direction: (A) in the …

Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness t…

Sec. 1.5. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) A power of attorney executed in the presence of witnesses under section 1(a)(4)(B) of this chapter must be executed by t…

Sec. 1.7. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) When a power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorpor…

Sec. 1.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of a power of attorney; or (2) a video recording, one (1) or more photographic imag…

Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter. (b) A power of attorney may: (1) specify the date on which the power will become effective; or (2) be…

Sec. 3. (a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty. (b) Except as otherwise stated in the power of attorney, …

Sec. 4. (a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when: (1) the attorney in fact dies; (2) the attorney in fact resigns; (3) the attorney in fact is adjudged incapacitated by a court; (4) the attorney in fact ca…

Sec. 5. (a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal. (b) Except as otherwise stated in the power of attorney, an attorney in fact i…

Sec. 1. Every executor, administrator, guardian, trustee, receiver or other fiduciary shall have the power, in such capacity, to invest in the following: (1) Obligations issued pursuant to the provisions of the Federal Home Loan Bank Act (12 U.S.C. 1421 et seq.), as in effect on …

Sec. 1. In this chapter and IC 30-2-6, unless the context otherwise requires: (1) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. (2) "Claim of beneficial interest" includes a claim of any inter…

Sec. 10. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Formerly: Acts 1961, c.124, s.10. As amended by Acts 1982, P.L.171, SEC.103.

Sec. 11. This chapter may be cited as the Uniform Act for the Simplification of Fiduciary Security Transfers. Formerly: Acts 1961, c.124, s.11. As amended by Acts 1982, P.L.171, SEC.104.

Sec. 2. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship; and thereafter the corporation and …

Sec. 3. Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary: (a) may assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within hi…

Sec. 4. A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (a) In the case of a fiduciary appointed or qualified by a court, a certificate iss…

Sec. 5. (a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the w…

Sec. 6. A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter. Formerly: Acts 1961, c.124, s.6. As amended by Acts 1982, P.L.171, SEC.99.

Sec. 7. (a) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is liable for participation in any breach of fiduciary duty by reason of failure to…

Sec. 8. (a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporat…