Title 44, Chapter 6, Section 204
( 44-6-204)
Code Section 44-6-201 shall not apply to: (1) A nonvested property interest or a power of appointment
arising out of a nondonative transfer, except a nonvested property
interest or a power of appointment arising out of: (A) A premarital or postmarital agreement; (B) A separation or divorce settlement; (C) A spouse's election; (D) A similar arrangement arising out of a prospective,
existing, or previous marital relationship between the parties; (E) A contract to make or not to revoke a will or trust; (F) A contract to exercise or not to exercise a power of
appointment; (G) A transfer in satisfaction of a duty of support; or (H) A reciprocal transfer; (2) A fiduciary's power relating to the administration or
management of assets, including the power of a fiduciary to sell,
lease, or mortgage property, and the power of a fiduciary to
determine principal and income; (3) A power to appoint a fiduciary; (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. Nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection (a) of Code Section 44-6-201; (5) A nonvested property interest held by a charity, government,
or governmental agency or subdivision, if the nonvested property
interest is preceded by an interest held by another charity,
government, or governmental agency or subdivision; (6) A nonvested property interest in or a power of appointment
with respect to a trust or other property arrangement forming part
of a pension, profit-sharing, stock bonus, health, disability,
death benefit, income deferral, or other current or deferred
benefit plan for one or more employees, independent contractors,
or their beneficiaries or spouses, to which contributions are made
for the purpose of distributing to or for the benefit of the
participants or their beneficiaries or spouses the property,
income, or principal in the trust or other property arrangement,
except a nonvested property interest or a power of appointment
that is created by an election of a participant or a beneficiary
or spouse; or
(7) A property interest, power of appointment, or arrangement that
was not subject to the common-law rule against perpetuities or is
excluded by another statute of this state. |