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appointed to enforce a trust created for the care of an animal or | another noncharitable purpose as provided in section 408 or 409 has | the rights of a qualified beneficiary under this Code. if the | charitable organization, on the date the charitable organization's | qualification is being determined: |
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| A.__Is a distributee or permissible distributee of trust | income or principal; |
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| B.__Would be a distributee or a permissible distributee of | trust income or principal upon the termination of the | interests of other distributees or permissible distributees | then receiving or eligible to receive distributions; or |
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| C.__Would be a distributee or permissible distributee of | trust income or principal on that date. |
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| A charitable organization whose interest in the trust as a | contingent distributee of the trust income or principal is not | reasonably expected to vest does not have the rights of a | qualified beneficiary. |
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| | 1-A.__Person appointed to enforce trust.__A person appointed | to enforce a trust created for the care of an animal or another | noncharitable purpose as provided in section 408 or 409 has the | rights of a qualified beneficiary under this Code. |
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| | 2. Attorney General. The Attorney General has the rights of | a qualified beneficiary provided in Title 5, section 194 with | respect to a charitable trust having its principal place of | administration in this State, but may not be treated as and does | not have the rights of a qualified beneficiary. |
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| | Sec. 8. 18-B MRSA §301, sub-§4 is enacted to read: |
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| | 4.__Limitation on representation by settlor.__A settlor may | not represent and bind a beneficiary under this chapter with | respect to termination or modification of a trust under section | 411, subsection 1. |
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| | Sec. 9. 18-B MRSA §411, sub-§1, as enacted by PL 2003, c. 618, Pt. A, | §1 and affected by §2, is amended to read: |
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| | 1. Consent of settlor and all beneficiaries. A | noncharitable irrevocable trust may be modified or terminated | upon consent of the settlor and all beneficiaries, even if the | modification or termination is inconsistent with a material | purpose of the trust. If the settlor and all beneficiaries | consent to the modification or termination of an irrevocable | trust, the court shall enter an order approving the modification |
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