North Carolina § 36C-9-901 - Prudent investor rule; applicability.

§ 36C-9-901. Prudent investor rule; applicability.

Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this Article. The prudent investor rule is a default rule and may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust that govern or direct investments in a manner inconsistent with this Article. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the terms of the trust. The following terms or comparable language in a trust, unless otherwise limited or modified, authorize any investment or strategy permitted under this Article: "Chapter 36A", "investments in accordance with Article 15 of Chapter 36A", "investments in accordance with Article 9 of Chapter 36C", "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital", "prudent man rule", "prudent trustee rule", "prudent person rule", and "prudent investor rule". This Article also applies where a trust contains no investment standard. This Article does not apply to: Unless the trust provides otherwise by specific reference to this Article: Trusts under any federal employee retirement income security statute or other retirement or pension trusts; Trusts that are created by legislative act; Trusts that are created by or under premarital or postmarital agreements, divorce settlements, settlements of other proceedings or disputes; Transfers under a Uniform Transfers to Minors Act; Transfers under a Uniform Custodial Trust Act; or Honorary trusts, trusts for pets, and trusts for cemetery lots. Trusts imposed or required under another Chapter of the General Statutes or by rule in which the investment of the trust funds is regulated by the other Chapter or by rule, unless a provision of the other chapter or the rule provides otherwise by a specific reference to this Article. History (1999-215, s. 1; 2001-267, s. 7; 2005-192, s. 2.)