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Section 35-16-108 - Qualified trustees and advisors — Tennessee Law | CourtGPT
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  4. Title 35 - Fiduciaries and Trust Estates (§§ 35-1-101 — 35-50-125)/
  5. Chapter 16 - Tennessee Investment Services Act of 2007/
  6. Section 35-16-108 - Qualified trustees and advisors
Tennessee Legal Code

Section 35-16-108 - Qualified trustees and advisors

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(a) For purposes of this chapter, neither the transferor nor any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in § 35-16-102(12)(A) shall be considered a qualified trustee; however, nothing in this chapter shall preclude a transferor from appointing one (1) or more advisors, including, but not limited to:(1) Advisors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust advisors;(2) Advisors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust; and(3) Investment advisors, whether or not the advisors would meet the requirements imposed by § 35-16-102(12).(b) For purposes of subsection (a), 'advisor' includes a trust 'protector' or any other person who, in addition to a qualified trustee, holds one (1) or more trust powers. Acts 2007, ch. 144, § 8.