Fiduciary (definition)
| A trustee, executor, or administrator. | ||
| Federal Law | ||
| means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person 26 USC 7701, 26 USC 7701 | ||
| State Law | ||
| Alabama | ||
| means the executor of a will, the administrator of a decedent’s estate or the trustee of an express inter vivos or testamentary trust, and includes both individual and corporate fiduciaries Alabama Code 19-3-150 | ||
| Alaska | ||
| means a person to whom the property of another person is entrusted for a purpose specified in a trust instrument or by a court order Alaska Statutes 06.26.990 | ||
| means a trustee, agent, executor, administrator, committee, guardian or conservator for a minor or other incompetent person, a receiver, a trustee in bankruptcy, an assignee for creditors, or the holder of a similar position of trust Alaska Statutes 06.05.990 | ||
| Arizona | ||
| includes a personal representative, guardian, conservator and trustee Arizona Laws 14-1201 | ||
| includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate Arizona Laws 14-7501 | ||
| means a guardian, trustee, personal representative, executor, administrator, receiver or conservator, whether individual or corporate, or any person acting in any fiduciary capacity for any person, estate or trust Arizona Laws 43-104 | ||
| means a personal representative or a trustee and includes an executor, an administrator, a successor personal representative, a special administrator and a person performing substantially the same function Arizona Laws 14-7401 | ||
| means a personal representative, a trustee, an agent acting under a power of attorney or any other person who is authorized to act as a fiduciary with respect to the property of another person Arizona Laws 14-10002 | ||
| means a personal representative, administrator, guardian, conservator, trustee, agent or other person who acts in a fiduciary capacity and who is not exempt by section 6-852 Arizona Laws 6-851, Arizona Laws 6-851 | ||
| means a trustee, guardian, executor, administrator, receiver or any other person carrying on functions of trust on behalf of another person, corporation or organization Arizona Laws 13-2201 | ||
| means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K Arizona Laws 14-13102 | ||
| means :
(a) A trust company or bank certified or authorized to engage in the trust business pursuant to Title 6, Chapter 8, Article 1 Arizona Laws 49-1001 |
||
| California | ||
| means a person who is acting in any of the following capacities:
California Health and Safety Code 25548.1 |
||
| means an original, additional, or successor personal representative or trustee California Probate Code 871 | ||
| means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code California Probate Code 39 | ||
| Connecticut | ||
| means a person undertaking to act alone or jointly with others primarily for the benefit of another or others in all matters connected with its undertaking and includes a person acting in the capacity of trustee, executor, administrator, guardian, assignee, receiver, conservator, agent, custodian under the Connecticut Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act, and acting in any other similar capacity Connecticut General Statutes 36a-2 | ||
| means any receiver, liquidator, referee, trustee, assignee or other fiduciary or officer or agent appointed by any court or by any other authority, except the Banking Commissioner acting as receiver or liquidator under the authority of the provisions of sections 36a-210 and 36a-218 to 36a-239, inclusive Connecticut General Statutes 12-213 | ||
| means the executor or administrator of a resident estate or a nonresident estate, whether or not such executor or administrator is a taxpayer Connecticut General Statutes 12-405a | ||
| Delaware | ||
| includes a personal representative appointed by the Register of Wills, a guardian appointed pursuant to Chapter 39 of this title, an agent under a durable personal power of attorney pursuant to Chapter 49A of this title, a trustee, or an adviser pursuant to § 3313 of this title Delaware Code Title 12 Sec. 5002 | ||
| means a personal representative, trustee of a trust, agent acting under a power of attorney, conservator, custodian under a Uniform Transfers to Minors Act [Chapter 45 of this title] or similar statute of any jurisdiction, guardian, or other person authorized to act as a fiduciary with respect to the property or power of another person Delaware Code Title 12 Sec. 602 | ||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee Delaware Code Title 12 Sec. 4301 | ||
| means :
a Delaware Code Title 7 Sec. 7402A, Delaware Code Title 7 Sec. 7402, Delaware Code Title 7 Sec. 9103 |
||
| Florida | ||
| includes a trustee, a trust director as defined in… Florida Statutes 738.102 | ||
| means a broker in a relationship of trust and confidence between that broker as agent and the seller or buyer as principal Florida Statutes 475.01, Florida Statutes 475.01 | ||
| means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person Florida Statutes 739.102 | ||
| means an original, additional, or successor personal representative, guardian, agent, or trustee Florida Statutes 740.002 | ||
| Hawaii | ||
| means a personal representative or a trustee Hawaii Revised Statutes 557A-102 | ||
| Idaho | ||
| means an original, additional or successor personal representative, conservator, agent or trustee Idaho Code 15-14-102 | ||
| Indiana | ||
| means the following:
Indiana Code 30-2-14-3 |
||
| means :
Indiana Code 32-39-1-14 |
||
| shall mean a bank or trust company undertaking to act alone or jointly with others primarily for the benefit of another in all matters connected with its undertaking and includes trustee, executor, administrator, personal representative, registrar of stocks and bonds, guardian of estates, assignee, receiver, managing agent and any other similar capacity Indiana Code 30-1-8-1 | ||
| Iowa | ||
| includes but is not limited to an attorney in fact, a guardian, or a conservator Iowa Code 235F.1 | ||
| Kansas | ||
| means a personal representative or a trustee Kansas Statutes 58-24a01 | ||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, nominee, receiver, assignee for benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate Kansas Statutes 17-4903 | ||
| means any person acting on behalf of the board or system as an investment manager, proxy advisor or contractor, including the system’s board of trustees Kansas Statutes 75-42a01 | ||
| Kentucky | ||
| as used in this chapter : (1) Means any person, association, or corporation meeting the requirements of KRS 395 Kentucky Statutes 395.001 |
||
| means a trustee, guardian, executor, administrator, receiver, and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary Kentucky Statutes 517.010 | ||
| means an original, additional, or successor personal representative, conservator, agent, or trustee Kentucky Statutes 395A.020 | ||
| Louisiana | ||
| means any person, firm, partnership, association or corporation, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust or estate Louisiana Revised Statutes 12:201 | ||
| means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate Louisiana Revised Statutes 6:201 | ||
| Maine | ||
| as used in this Part includes, but is not limited to, personal representatives, guardians, conservators, trustees, agents and custodians Maine Revised Statutes Title 18-C Sec. 7-301 | ||
| includes a trustee, executor, administrator, guardian and custodian under a uniform transfers to minors act Maine Revised Statutes Title 18-C Sec. 7-201 | ||
| includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function Maine Revised Statutes Title 18-C Sec. 7-402 | ||
| means a bank or a professional investment manager Maine Revised Statutes Title 4 Sec. 1201 | ||
| means a person who is: | ||
| means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person Maine Revised Statutes Title 18-C Sec. 2-902 | ||
| Michigan | ||
| includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary Michigan Laws 700.1104 | ||
| includes , but is not limited to, an agent, a conservator, a guardian if no conservator has been appointed, a guardian ad litem, a personal representative, a trustee, a probate court acting through a protective order under this act, and a temporary, successor, or foreign fiduciary Michigan Laws 700.2901 | ||
| means a financial institution or other person acting in the capacity of guardian, conservator, personal representative, or trustee, either solely or together with others, or custodian under a uniform gift or transfer to minors act of any state Michigan Laws 555.101 | ||
| means a person who is an original, additional, or successor personal representative, conservator, agent, or trustee Michigan Laws 700.1002 | ||
| means a personal representative or trustee Michigan Laws 555.502 | ||
| means a trustee, executor, administrator, guardian, conservator, agent, receiver, trustee in bankruptcy, assignee for creditors, or any holder of a similar position of trust Michigan Laws 487.3102 | ||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee Michigan Laws 441.101 | ||
| means any of the following:
(i) The Michigan legislative retirement system board of trustees for the Tier 1 retirement plan available under the Michigan legislative retirement system act, 1957 PA 261, MCL 38 Michigan Laws 129.292 |
||
| Montana | ||
| means a personal representative or a trustee Montana Code 72-34-422 | ||
| means a trustee, executor, administrator, personal representative, custodian, conservator, guardian, or receiver acting or holding property for the exclusive benefit of another person Montana Code 75-10-701 | ||
| means an original, additional, or successor personal representative, conservator, agent, or trustee Montana Code 72-31-402 | ||
| New Hampshire | ||
| shall include an executor, administrator, trustee under a will, trustee, conservator or guardian appointed by any court New Hampshire Revised Statutes 113:1 | ||
| New Jersey | ||
| includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries New Jersey Statutes 3B:1-1 | ||
| means an individual or corporation that is authorized to act as or acts as a trustee, personal representative, conservator, guardian, and every other individual or corporation charged with the duty of administering a trust estate New Jersey Statutes 3B:20-1 | ||
| New York | ||
| means any person who exercises discretionary authority or control with respect to the administration of the program or the management or disposition of program assets or who renders investment advice for a fee to the program N.Y. General Municipal Law 215 | ||
| means any person, including an administrative service agency and a financial organization, exercising discretionary authority or control with respect to the administration of a service award program or the custody, management or disposition of program assets, or any person who renders advice to the program for a fee N.Y. General Municipal Law 219-C, N.Y. General Municipal Law 219-K | ||
| shall mean any individual or any domestic or foreign corporation holding a security for a resident or receiving, as agent of a corporation or as holder of a security, any amount due or to become due a resident as the holder or owner of a security but shall not mean any individual or corporation so acting by direction of a court in any case where such court has not directed a distribution of such amount or security N.Y. Abandoned Property Law 500 | ||
| North Carolina | ||
| means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case shall be appropriate North Carolina General Statutes 32-25 | ||
| Ohio | ||
| has the meaning set forth in section 1002(21)(A) of the “Employee Retirement Income Security Act of 1974” 88 Stat Ohio Code 3959.01 | ||
| includes executors, administrators, parents, guardians, receivers, assignees, official custodians, factors, bailees, lessees, agents, attorneys, and employees, but does not include trustees unless the sense so requires Ohio Code 5711.01 | ||
| means a guardian, trustee, executor, administrator, receiver, conservator, or any other person acting in any fiduciary capacity for any individual, trust, or estate Ohio Code 5747.01 | ||
| means a person who does any of the following:
(1) Exercises any discretionary authority or control with respect to the management of the system or with respect to the management or disposition of its assets; (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) Has any discretionary authority or responsibility in the administration of the system Ohio Code 145.01 |
||
| means a person who does any of the following:
(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets; (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) Has any discretionary authority or responsibility in the administration of the system Ohio Code 3307.01 |
||
| means a person who does any of the following:
(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets; (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) Has any discretionary authority or responsibility in the administration of the system Ohio Code 742.01, Ohio Code 3309.01 |
||
| means an original, additional, or successor agent, guardian, personal representative, or trustee Ohio Code 2137.01 | ||
| means any of the following:
(1) A person who exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets; (2) A person who renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) A person who has any discretionary authority or responsibility in the administration of the system Ohio Code 5505.01 |
||
| Oregon | ||
| means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter Oregon Statutes 125.005 | ||
| Rhode Island | ||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee Rhode Island General Laws 18-11-2 | ||
| South Carolina | ||
| means a person who:
(a) exercises any authority to invest or manage assets of a system; (b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or (c) is a member of the board of trustees of the respective institution when it acts as trustee for the endowment system South Carolina Code 59-153-10 |
||
| means a person who:
(a) exercises any authority to invest or manage assets of a system; (b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; (c) is a member of the commission; (d) is the commission’s chief investment officer; or (e) is the commission’s chief executive officer South Carolina Code 9-16-10 |
||
| South Dakota | ||
| means a personal representative, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee South Dakota Codified Laws 55-8-1 | ||
| Tennessee | ||
| includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate Tennessee Code 35-2-102 | ||
| means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § Tennessee Code 34-1-101, Tennessee Code 34-1-101 | ||
| means a personal representative or a trustee Tennessee Code 35-6-102 | ||
| means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person Tennessee Code 31-7-102 | ||
| means trustee, agent, executor, administrator, committee, guardian or conservator for a minor or other incompetent person, receiver, trustee in bankruptcy, assignee for creditors or any holders of a similar position of trust Tennessee Code 45-2-901 | ||
| means :
|
||
| Utah | ||
| includes a personal representative, guardian, conservator, and trustee Utah Code 75-1-201 v2 | ||
| includes :
(8)(a) a trustee, trust director as defined in Section
(8)(b) a person that holds property for a successor beneficiary whose interest may be affected by an allocation of receipts and expenditures between income and principal; and
(8)(c) if there are two or more co-fiduciaries, all co-fiduciaries acting under the terms of the trust and applicable law Utah Code 75A-5-102 |
||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee Utah Code 75A-7-102, Utah Code 22-5-2 | ||
| means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee Utah Code 75-11-102, Utah Code 75A-6-102 | ||
| means the same as that term is defined in Section |
||
| means :
(1)(h)(i) a guardian;
(1)(h)(ii) a trustee;
(1)(h)(iii) an executor;
(1)(h)(iv) an administrator;
(1)(h)(v) a receiver;
(1)(h)(vi) a conservator; or
(1)(h)(vii) any person acting in any fiduciary capacity for any individual Utah Code 59-10-103 |
||
| means :
(1)(a) a trustee under any trust, expressed, implied, resulting or constructive;
(1)(b) an executor;
(1)(c) an administrator;
(1)(d) a guardian;
(1)(e) a conservator;
(1)(f) a curator;
(1)(g) a receiver;
(1)(h) a trustee in bankruptcy;
(1)(i) an assignee for the benefit of creditors;
(1)(j) a partner;
(1)(k) an agent;
(1)(l) an officer of a corporation, public or private;
(1)(m) a public officer; or
(1)(nn) any other person acting in a fiduciary capacity for any person, trust, or estate Utah Code 75A-1-201 |
||
| Vermont | ||
| includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem | ||
| means a personal representative or a trustee | ||
| means an original, additional, or successor personal representative, guardian, agent, or trustee | ||
| means executor, administrator of any description, and trustee | ||
| Virginia | ||
| includes a guardian, committee, trustee, executor, conservator, or personal representative Virginia Code 64.2-100 | ||
| includes a trustee, trust director under the Uniform Directed Trust Act (§ Virginia Code 64.2-1033 | ||
| means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person Virginia Code 64.2-2600 | ||
| means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee Virginia Code 64.2-116 | ||
| means executor, administrator, conservator, guardian of a minor, committee, or trustee Virginia Code 6.2-1013 | ||
| means executor, administrator, conservator, guardian, committee, or trustee Virginia Code 6.2-1074 | ||
| means the status resulting from an association’s undertaking to act alone, through an affiliate, or jointly with others, primarily for the benefit of another, and includes an association’s acting as trustee, executor, administrator, committee, guardian, conservator, receiver, managing agent, registrar of stocks and bonds, escrow, transfer, or paying agent, trustee of employee pension, welfare and profit sharing trusts, and in any other similar capacity Virginia Code 6.2-1081 | ||
| shall include any one or more of the following: (i) a fiduciary as defined in § Virginia Code 6.2-604 | ||
| shall include any one or more of the following: | ||
| West Virginia | ||
| means a person or entity with the legal responsibility to make decisions on behalf of and for the benefit of another person West Virginia Code 9-6-1 | ||
| means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee West Virginia Code 31-4D-1 | ||
| means and includes a guardian, trustee, executor, administrator, receiver, conservator or any person acting in any fiduciary capacity for any person West Virginia Code 11-13A-2 | ||
| means and includes, a guardian, trustee, executor, administrator, receiver, conservator or any person acting in any fiduciary capacity for any person West Virginia Code 11-12B-2 | ||
| means any trustee, agent, executor, administrator, curator, committee, guardian or conservator, special commissioner, receiver, trustee in bankruptcy, assignee for creditors or any holder of a similar position of trust or responsibility West Virginia Code 31A-1-2 | ||
| means executor, administrator, conservator, guardian, committee, or trustee West Virginia Code 31I-1-3 | ||
| means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate West Virginia Code 44-5A-1 | ||
| means , and includes, a guardian, trustee, executor, administrator, receiver, conservator or any person acting in any fiduciary capacity for any person West Virginia Code 11-23-3, West Virginia Code 11-24-3a | ||