N.Y. Estates, Powers & Trusts Law § 11-A-4.14
Derivatives and options
New York · New York Estates, Powers & Trusts Law · Status: effective · Effective 2014-09-22
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- N.Y. Estates, Powers & Trusts Law § 11-A-4.14, Derivatives and options, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1105380
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Full text
§ 11-A-4.14 Derivatives and options
(a) In this section, "derivative" means a contract or financial
instrument or a combination of contracts and financial instruments which
gives a trust the right or obligation to participate in some or all
changes in the price of a tangible or intangible asset or group of
assets, or changes in a rate, an index of prices or rates, or other
market indicator for an asset or a group of assets.
(b) To the extent that a trustee does not account under 11-A-4.3 for
transactions in derivatives, the trustee shall allocate to principal
receipts from and disbursements made in connection with those
transactions.
(c) If a trustee grants an option to buy property from the trust,
whether or not the trust owns the property when the option is granted,
grants an option that permits another person to sell property to the
trust, or acquires an option to buy property for the trust or an option
to sell an asset owned by the trust, and the trustee or other owner of
the asset is required to deliver the asset if the option is exercised,
an amount received for granting the option must be allocated to
principal. An amount paid to acquire the option must be paid from
principal. A gain or loss realized upon the exercise of an option,
including an option granted to a settlor of the trust for services
rendered, must be allocated to principal.