§ 8-1.9 Trust governance\n (a) For purposes of this section:\n (1) A "trust" means a trust created solely for charitable purposes, or\na trust that continues solely for such purposes after all non-charitable\ninterests have terminated.\n (2) "Charitable purpose" means any religious, charitable, educational\nor benevolent purpose.\n (3) "Key person" means any person other than a trustee, whether or not\nan employee, who (i) has responsibilities, or exercises powers of\ninfluence over the trust as a whole similar to the responsibilities,\npowers, or influence of trustees and officers; (ii) manages the trust,\nor a segment of the trust that represents a substantial portion of the\nactivities, assets, income or expenses of the trust; or (iii) alone or\nwith others controls or determines a substantial portion of the trust's\ncapital expenditures or operating budget.\n (4) An "affiliate" of a trust means any entity controlled by, or in\ncontrol of, such trust.\n (5) "Relative" of an individual means (i) his or her spouse or\ndomestic partner as defined in section twenty-nine hundred ninety-four-a\nof the public health law; (ii) his or her ancestors, brothers and\nsisters (whether whole or half blood), children (whether natural or\nadopted), grandchildren, great-grandchildren; or (iii) the spouse or\ndomestic partner of his or her brothers, sisters, children,\ngrandchildren, and great-grandchildren.\n (6) "Related party" means (i) any trustee or key person of the trust\nor any affiliate of the trust; (ii) any relative of any individual\ndescribed in clause (i) of this subparagraph; or (iii) an entity in\nwhich any individual described in clauses (i) and (ii) of this\nsubparagraph has a thirty-five percent or greater ownership or\nbeneficial interest or, in the case of a partnership or professional\ncorporation, a direct ownership interest in excess of five percent.\n (7) "Independent trustee" means a trustee who: (i) is not, and has not\nbeen within the last three years, an employee of the trust or an\naffiliate of the trust, and does not have a relative who is, or has been\nwithin the last three years, a key person of the trust or an affiliate\nof the trust; (ii) has not received, and does not have a relative who\nhas received, in any of the last three fiscal years, more than ten\nthousand dollars in direct compensation from the trust or an affiliate\nof the trust; (iii) is not a current employee of or does not have a\nsubstantial financial interest in, and does not have a relative who is a\ncurrent officer of or have a substantial financial interest in, any\nentity that has provided payments, property or services to, or received\npayments, property or services from, the trust or an affiliate of the\ntrust if the amount paid by the trust to the entity or received by the\ntrust from the entity for such property or services, in any of the last\nthree fiscal years, exceeded the lesser of ten thousand dollars or two\npercent of such entity's consolidated gross revenue if the entity's\nconsolidated gross revenue was less than five hundred thousand dollars;\ntwenty-five thousand dollars if the entity's consolidated gross revenue\nwas five hundred thousand dollars or more but less than ten million\ndollars; one hundred thousand dollars if the entity's consolidated gross\nrevenue was ten million dollars or more; or (iv) is not and does not\nhave a relative who is a current owner, whether wholly or partially,\ndirector, officer or employee of the trust's outside auditor or who has\nworked on the trust's audit at any time during the past three years. For\npurposes of this subparagraph, the terms: "compensation" does not\ninclude reimbursement for expenses or the payment of trustee commissions\nor reasonable compensation as permitted by law and the governing\ninstrument; and "payment" does not include charitable contributions,\ndues or fees paid to the trust for services which the trust performs as\npart of its nonprofit purposes, or p
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