New Mexico § 46-3A-403 - Business and other activities conducted by trustee

§ 46-3A-403. Business and other activities conducted by trustee

(a) If a trustee who conducts a business or other activity determines that it is in

the best interest of all the beneficiaries to account separately for the business

or activity instead of accounting for it as part of the trust's general accounting

records, the trustee may maintain separate accounting records for its transactions,

whether or not its assets are segregated from other trust assets. (b) A trustee who accounts separately for a business or other activity may determine

the extent to which its net cash receipts must be retained for working capital, the

acquisition or replacement of fixed assets and other reasonably foreseeable needs

of the business or activity, and the extent to which the remaining net cash receipts

are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary

course of the business or activity, the trustee shall account for the net amount received

as principal in the trust's general accounting records to the extent the trustee determines

that the amount received is no longer required in the conduct of the business. (c) Activities for which a trustee may maintain separate accounting records include: (1) retail, manufacturing, service and other traditional business activities; (2) farming; (3) raising and selling livestock and other animals; (4) management of rental properties; (5) extraction of minerals and other natural resources; (6) timber operations; and (7) activities to which Section 414 applies.