(1) A fiduciary shall send a notice required by Subsection 75A-5-303(2)(b) in a manner authorized under Section 75B-2-109 to: (a) the qualified beneficiaries determined under Subsection 75B-2-103(8); (b) each person acting, in accordance with Title 75, Chapter 12, Uniform Directed Trust Act, as trust director of the trust; and (c) each person that is granted a power by the terms of the trust to appoint or remove a trustee or person described in Subsection (1)(b), to the extent the power is exercisable when the person that exercises the power is not then serving as trustee or is a person described in Subsection (1)(b). (2) The representation provisions of Title 75B, Chapter 2, Part 3, Representation, apply to notice under this section. (3) (a) A person may consent in a record at any time to action proposed under Subsection 75A-5-303(2)(b). (b) If a person required to receive a notice under Subsection (1) consents under Subsection (3) (a) to not receive the notice, the fiduciary is not required to send the person the notice. (4) A notice required by Subsection 75A-5-303(2)(b) shall include: (a) the action proposed under Subsection 75A-5-303(2)(b); (b) for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under Subsection 75A-5-303(1)(a); (c) for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under Subsection 75A-5-303(1)(b); (d) a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary; (e) the date by which the fiduciary shall receive an objection under Subsection (4)(d), which shall be at least 30 days after the date the notice is sent; (f) the date on which the action is proposed to be taken and the date on which the action is proposed to take effect; (g) the name and contact information of the fiduciary; and (h) the name and contact information of a person that may be contacted for additional information.
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