Applicable value.

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  • (1) A unitrust policy shall provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including:
    • (a) the frequency of valuing the asset, which need not require a valuation in every period; and
    • (b) the date for valuing the asset in each period that the asset is valued.
  • (2) Except as otherwise provided in Subsection 22-3-309(2)(b), a unitrust policy may provide methods for determining the amount of the net fair market value of the trust to take into account in determining the applicable value, including:
    • (a) obtaining an appraisal of an asset for which fair market value is not readily available;
    • (b) exclusion of specific assets or groups or types of assets;
    • (c) other exceptions or modifications of the treatment of specific assets or groups or types of assets;
    • (d) identification and treatment of cash or property held for distribution;
    • (e) use of:
      • (i) an average of fair market values over a stated number of preceding periods; or
      • (ii) another mathematical blend of fair market values over a stated number of preceding periods;
    • (f) a limit on how much the applicable value of all assets, groups of assets, or individual assets may increase over:
      • (i) the corresponding applicable value for the preceding period; or
      • (ii) a mathematical blend of applicable values over a stated number of preceding time periods;
    • (g) a limit on how much the applicable value of all assets, groups of assets, or individual assets may decrease below:
      • (i) the corresponding applicable value for the preceding period; or
      • (ii) a mathematical blend of applicable values over a stated number of preceding periods;
    • (h) the treatment of accrued income and other features of an asset that affect value; and
    • (i) determining the liabilities of the trust, including treatment of liabilities to conform with the treatment of assets under Subsections (2)(a) through (h).




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