SLS 202ES-71 ORIGINAL
2020 Second Extraordinary Session
SENATE CONCURRENT RESOL UTION NO. 10
BY SENATOR FOIL
LEGISLATIVE AGENCIES. Requests that the Louisiana State Law Institute study certain
matters pertaining to the Louisiana Trust Code.
1 A CONCURRENT RESOL UTION
2 To urge and request the Louisiana State Law Institute to study certain matters pertaining to
3 the Louisiana Trust Code.
4 WHEREAS, R.S. 9:1731, provides that a trust is a relationship resulting from the
5 transfer of title to property to a person to be administered by him as a fiduciary for the
6 benefit of another; and
7 WHEREAS, R.S. 9:1781, defines a trustee is a person to whom title to the trust
8 property is transferred to be administered by him as a fiduciary; and
9 WHEREAS, questions have arisen as to whether adequate safeguards exist in the
10 present law to ensure that minors and disabled adults are not being exploited.
11 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
12 urge and request that the Louisiana State Law Institute study whether present laws in the
13 Louisiana Trust Code should be revised to mandate language in an award or settlement for
14 a minor or disabled individual to authorize that funds be held as appropriate in a pooled trust,
15 registry of the court, held with a qualified custodian or guardian, or be given directly to the
16 individual, and whether out of state corporate or pooled trustees who meet state and FDIC
17 requirements should be allowed to operate in this state.
18 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
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SLS 202ES-71 ORIGINAL
1 director of the Louisiana State Law Institute, and that the Louisiana State Law Institute
2 report its findings and recommendations to the legislature on or before August 31, 2021.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SCR 10 Original 2020 Second Extraordinary Session Foil
Requests that the Louisiana State Law Institute study whether the Louisiana Trust Code
should be revised for the increased protection of minors and disabled individuals, and
whether out of state corporate or pooled trustees should be allowed to operate in this state.
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