Section 6.4 of the Reformed Trust

Many have asked for more information regarding the UEP Trust's distribution of assets.  The UEP board uses Section 6.4 of the Reformed Trust to determine who may purchase UEP assets and who may not.  Here is section 6.4 with links and downloads hereafter.

  • Section 6.4 Factors to Consider. Consistent with their fiduciary duties under the Utah
    Trust Code and the common law, the Board should use their life experiences, good judgment and
    common sense in administering the Trust Property and may consider some or all of the following
    factors in administering the Trust:
  • 6.4.1 the financial condition and needs of the Trust Participant including
    existing or potential sources of income, compensation or other recovery;
  • 6.4.2 the previous or present use of Trust Property by the Trust Participant,
    including the length of time the Trust Participant has used and relied on Trust Property;
  • 6.4.3 the Trust Participant's cooperation with the Board, acceptance of
    occupancy agreements, operation of businesses on Trust Property consistent with the Trust's
    purposes and compliance with the rules and standards set by the Board;
  • 6.4.4 the contribution of services or assets to the Trust, including improvements
    to Trust Property by the Trust Participant;
  • 6.4.5 the efforts of the Trust Participant to protect Trust Property through
    donations for the payment of property taxes, land surveys, insurance premiums and other
    expenses related to the Trust;
  • 6.4.6 the Trust Participant's efforts to keep Trust Property safe, in good repair
    and otherwise properly maintained;
  • 6.4. 7 the Trust Participant's ability or inability to cooperate openly with the
  • 6.4.8 any legitimate grievance a Trust Participant may have against the Trust;
  • 6.4.9 recommendations received from an authorized representative of the FLDS
    Church concerning what a particular Trust Participant's just wants and needs may be in light of
    the religious principles of the FLDS Church. These recommendations shall be non-binding and
    shall be only one criterion to be considered and shall not be the controlling criterion. No
    recommendation may be considered, however, if it benefits, advocates or facilitates illegal
    practices. If the FLDS Church wishes to provide recommendations with respect to the just wants
    and needs of Trust Participants, it shall designate an authorized representative and shall
    communicate such designation to the Board in writing. The authorized representative may
    provide input to the Board in writing and/or may be given the opportunity to provide input at the
    meetings of the Board.
  • Section 6.5 Prohibited Consideration Factors. In administering the Trust, the Board
    shall not consider whether any Trust Participant participates in polygamy. In so doing, the Board
    will not be deemed to be benefiting, advocating or facilitating illegal practices.

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