Trust agreement

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    (a)    The terms of a trust to provide for perpetual care shall be designated in a written agreement between the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and trustee.

    (b)    The terms of the trust agreement:

        (1)    shall conform to this subtitle; and

        (2)    may include provisions about:

            (i)    payment of income;

            (ii)    accumulation of income;

            (iii)    reinvestment of income;

            (iv)    administration of the trust fund; and

            (v)    powers of the trustee as to investments.

    (c)    (1)    A trust agreement shall be irrevocable.

        (2)    However, a trust agreement may:

            (i)    give the registered cemeterian, permit holder, or other person subject to the trust requirements of this subtitle the right to remove the trustee and appoint another qualified trustee; and

            (ii)    provide for the appointment of individuals as cotrustees and successor cotrustees with a corporate trustee.


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