Nevada § 163.551 - Administration and enforcement; definitions

§ 163.551. Administration and enforcement; definitions

1. A public benefit trust must be administered in accordance with the terms of the

trust instrument. Except to the extent otherwise provided for in the trust instrument: (a) Any person appointed by the terms of the trust instrument may enforce the terms

of the public benefit trust or, if there is no such person or if such a person is

no longer willing or able to serve as a person appointed to enforce the trust, the

terms of the trust may be enforced by the Attorney General, the district attorney

of the county in which the trust is domiciled or a person appointed by the district

court in the county in which the trust is domiciled. (b) A petition for an order that appoints a person to enforce the terms of the public

benefit trust or to remove the person who has been appointed to enforce the terms

of the trust may be filed with the district court in the county in which the trust

is domiciled by the Attorney General, by the district attorney in the county in which

the trust is domiciled or by any person who has an interest, other than a general

public interest, in the declared purpose of the trust. (c) The principal and income of the public benefit trust may be applied only to its

intended use. (d) Upon the termination of the public benefit trust, any assets of the trust and

any undistributed income must be distributed in accordance with the terms of the trust

or, in the absence of such terms, to the estate of the settlor. (e) If a specific purpose of the public benefit trust becomes illegal under the United

States Constitution or the Nevada Constitution, the trust must continue in force as

if the illegal purpose was not included in the trust instrument. If no purpose of the public benefit trust is lawful, the district court in the county

in which the trust is domiciled may, upon the petition of an interested person or

upon its own motion, reform the trust to continue for lawful purposes similar to those

intended by the settlor. If the court determines that a reformation of the public benefit trust is not practical

or will not accomplish the objectives of the settlor, the trust must terminate and

its assets and undistributed income must be distributed pursuant to paragraph (d). (f) Except as ordered by the district court or required by the trust instrument, no

filing, report, registration, periodic accounting, separate maintenance of funds,

appointment or fee is required by reason of the existence of the fiduciary relationship

of the trustee or trustees of the public benefit trust. (g) If no trustee is designated or no designated trustee is willing or able to act,

the district court in the county in which the trust is domiciled shall name one or

more trustees and may make such other orders and determinations as are advisable to

carry out the interest of the settlor and the purposes of the public benefit trust. 2. As used in this section, “ public benefit trust ” means a valid trust without identifiable beneficiaries that is not a charitable

trust, but which: (a) Is established to further one or more specifically declared religious, scientific,

literary, educational, community development, personal improvement or philanthropic

purposes that is not illegal or against public policy; (b) Provides that the trust principal or income, or both, will provide a benefit,

but not necessarily principal or income, to the general public or to one or more classes

or groups of persons, including, without limitation, a government, a governmental

agency and any political subdivision of a government, that are to be identified in

the trustee's discretion; (c) Does not allow any benefit to the trustee or any cotrustee, except as to the payment

of reasonable compensation and the reimbursement of expenses incurred for the benefit

of the trust; and (d) Does not violate the rule against perpetuities as set forth in NRS 111.103 to 111.1039 , inclusive.