Disqualification of fiduciary; penalties

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    (a)    (1)    Notwithstanding any other law, a person may not serve as a fiduciary if the person has been convicted of:

            (i)    a felony;

            (ii)    a misdemeanor involving moral turpitude;

            (iii)    a violation of this subtitle;

            (iv)    a conspiracy or attempt to commit a crime described under item (i), (ii), or (iii) of this paragraph; or

            (v)    a crime in which a crime described under item (i), (ii), (iii), or (iv) of this paragraph is an element.

        (2)    A person may not knowingly allow another person to serve as a fiduciary in violation of paragraph (1) of this subsection.

    (b)    Any person who intentionally violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

    (c)    For the purposes of this section, a person is deemed to be convicted on the later of:

        (1)    the date of judgment of the trial court; or

        (2)    the date of the final sustaining of judgment on appeal.

    (d)    A fiduciary may be removed for a violation of subsection (a) of this section.


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