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§2104
Title 18-B: TRUSTS
Part 2: MAINE UNIFORM DIRECTED TRUST ACT
Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT
§2106

§2105. Exclusions

1.  Power of appointment.  In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.  
[PL 2019, c. 301, §8 (NEW).]
2.  Exclusions.  This Act does not apply to a:  
A. Power of appointment;   [PL 2019, c. 301, §8 (NEW).]
B. Power to appoint or remove a trustee or trust director;   [PL 2019, c. 301, §8 (NEW).]
C. Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;   [PL 2019, c. 301, §8 (NEW).]
D. Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:  
(1) The beneficiary; or  
(2) Another beneficiary represented by the beneficiary under the Maine Uniform Trust Code, sections 301 to 305 with respect to the exercise or nonexercise of the power; or   [PL 2019, c. 301, §8 (NEW).]
E. Power over a trust if:  
(1) The terms of the trust provide that the power is held in a nonfiduciary capacity; and  
(2) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2017.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
3.  Power of direction.  Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.  
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
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