Overbey bill aims to improve Tennessee’s Trust laws to compete for investment

contact:  Darlene Schlicher 741-6336

(NASHVILLE, TN), February 23, 2010 — The State Senate has unanimously approved legislation to update and improve Tennessee’s trust laws to keep the state competitive as a prime location for investments.   The bill, sponsored by Senator Doug Overbey (R-Knoxville), amends the Uniform Principal and Income Act and other provisions of state law which govern the management of trusts and location of trust assets.
“This legislation improves our trust laws to make us even more competitive as a desirable location for trust investments,” said Senator Overbey.  “The more up to date and flexible our trust laws, more trusts we will have sited in Tennessee, and the more fund managers we will have locate here, all of which means more opportunities for those trusts to invest in our Tennessee businesses and enterprises.  This is important as we continue to make our state more competitive with other states for investment.

The bill improves Tennessee’s Uniform Principal and Income Act, the Uniform Trust Code, and the Investment Services Act by adding a number of statues to upgrade to improve the state’s trust laws.  It also creates a new type of trust in Tennessee called the unitrust.

Overbey said Tennessee is viewed by many experts as one of the most desirable locations for trusts, and is ahead of its sister states in regards to flexibility.  This legislation employs the top features of trust laws in other states and best practices in trust administration.  Besides updating various provisions of the state’s trust laws, it tweaks the statute to add flexibility in administering trust estates.  It also amends the Uniform Trust code to make clear that the standards used will continue to put Tennessee ahead of other states in desirability for trust administration.
“We must stay ahead of the curve to improve our laws to make Tennessee the premier state to locate a trust,” added Overbey.  “I am pleased our General Assembly has approved this legislation.”

The bill, Senate Bill 3522, now moves to the House of Representatives, where it is sponsored by Representative Kent Coleman (D-Murfreesboro).

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