55-15-9. Administration of total return unitrust--Authority of trustee.

In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine:

(1)    The effective date of the conversion;

(2)    The timing of distributions during the year, if any, including provisions for prorating distributions for a short year when the effective date of a conversion takes place during the year;

(3)    Whether distributions are to be made in cash or in kind or partly in cash and partly in kind;

(4)    If the trust is reconverted to an income trust, the effective date of such reconversion; and

(5)    Such other administrative issues as may be necessary or appropriate to carry out the purposes of this chapter.

Source: SL 2002, ch 225, § 9; SL 2023, ch 161, § 14.