Land Trust Fiduciary Duties Act (765 ILCS 435/)

Chapter 765 — Property

Land Trusts

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

This Act may be cited as the Land Trust Fiduciary Duties Act.

(Source: P.A. 91-433, eff. 8-6-99.)

Sec. 5. Legislative finding; purpose

(a) The General Assembly finds that the Illinois judiciary system and the federal judiciary system have unclear court decisions as to whether the holders of the power of direction have fiduciary duties to the holders of the beneficial interest in land trusts. The terms "land trust" and "beneficial interest" have the same meanings as defined in Section 2 of the Land Trustee as Creditor Act.

(b) It is the purpose of this Act to clarify that holders of the power of direction are accountable to the holders of the beneficial interest in land trusts as declaratory of existing law.

(Source: P.A. 91-433, eff. 8-6-99.)

Sec. 10. Holders of the power of direction; definition

"Holders of the power of direction" means the persons or entities having the authority to direct the trustee to convey, execute a mortgage, distribute proceeds of sale or financing, and execute documents incidental to the execution of a land trust.

(Source: P.A. 91-433, eff. 8-6-99.)

Sec. 15. Fiduciary duties of holders of the power of direction

The power of direction, unless provided otherwise in the land trust agreement, is conferred upon the holders thereof for the use and benefit of all of the holders of the beneficial interest in the land trust. In exercising the power of direction, the holders are presumed to act in a fiduciary capacity for the benefit of all holders of the beneficial interest in the trust, unless otherwise provided in the land trust agreement. The beneficial interest shall be indefeasible and the power of direction shall not be so exercised to alter, amend, revoke, terminate, defeat, or otherwise affect or change the enjoyment of any beneficial interest.

(Source: P.A. 91-433, eff. 8-6-99.)

Sec. 20. Application of Act

This Act is declaratory of existing law and is intended to remove any possible conflicts or ambiguities, thereby confirming the existing law pertinent to land trusts and shall apply to all land trusts in effect before, on, or after the effective date of this Act.

(Source: P.A. 91-433, eff. 8-6-99.)

Sec. 99. Effective date

This Act takes effect upon becoming law.

(Source: P.A. 91-433, eff. 8-6-99.)