(a) In the administration of any trust that is a “private foundation”, as defined in section 509 of the Code or to which section 4947 of the Code applies, the following shall be prohibited:

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Terms Used In Hawaii Revised Statutes 554-10

  • Trustee: A person or institution holding and administering property in trust.
(1) Engaging in any act of “self-dealing”, as defined in section 4941(d) of the Code;
(2) Retaining any “excess business holdings”, as defined in section 4943(c) of the Code;
(3) Making any investments in a manner as to subject it to tax under section 4944 of the Code; and
(4) Making any “taxable expenditures”, as defined in section 4945(d) of the Code;

provided that this subsection shall not apply to amounts of any trust to which section 4947(a)(2) of the Code applies, as described in the second sentence of section 4947(a)(2) of the Code, and paragraphs (2) and (3) shall not apply to any trust to which section 4947(a)(2) of the Code applies, as described in section 4947(b)(3) of the Code.

(b) In the administration of any trust which is a “private foundation” as defined in section 509 of the Code or a “charitable trust” as defined in section 4947(a)(1) of the Code, there shall be distributed, and the trustee or trustees shall be empowered and authorized to distribute, for the purposes specified in the trust instrument, such amounts at such time and in such manner as shall be required so as not to subject it to tax under section 4942 of the Code.
(c) Nothing in this section shall impair the rights and powers of the courts or the attorney general of this State with respect to any trust.
(d) References in this section to sections of the Code are to sections of the Internal Revenue Code of 1954, as heretofore amended, and shall include future amendments to such sections and corresponding provisions of future Internal Revenue laws.

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