Government Obligations; Standard of Prudence; Corporate Fiduciaries

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Investments, Sales, and Conveyances
  5. Investments
  6. Government Obligations; Standard of Prudence; Corporate Fiduciaries

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  1. Whenever by law or by an instrument or court order establishing a fiduciary relationship the personal representative is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-8-3, the personal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as:
    1. The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
    2. Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and
    3. Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.
  2. Nothing contained in this Code section shall be construed as relieving any personal representative from any duty or liability a personal representative has under the standard of prudence set forth in Code Section 53-8-1.
  3. The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

(Code 1981, §53-8-4, enacted by Ga. L. 1996, p. 504, § 10.)


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