Form VI-A

Note that the following form is for a Revocable Trust:

“15.24 Special Representation Provisions.  The following provisions apply to each irrevocable trust created under this trust instrument.

(a) Representation by Holder of Power of Appointment.  Notwithstanding any provision of this trust instrument to the contrary, with respect to each trust created under this trust instrument, the Trustee may provide the accountings and notices to be given by the Trustee pursuant to the provisions of Section 15.23 of this Article to the holder of a power of appointment of trust principal, whether a limited power of appointment or a general power of appointment, and the holder of the power of appointment shall represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.   

(b) Designated Representative. 

(i) Provisions While Designated Representative is Acting.  Subject to the provisions of subsection 15.24(a) of this Article, but notwithstanding any other provision in this trust instrument to the contrary, with respect to each trust created under this trust instrument for which a Designated Representative is then acting:

(A) Role of Designated Representative.  The Trustee may provide the accountings and notices, if any, to be given by the Trustee pursuant to the provisions of Section 15.23 of this Article, to the Designated Representative of the trust and the Designated Representative shall represent and bind the qualified beneficiaries of the trust. 

(B) Relinquishment of Powers.  All or any part of the rights and powers conferred on the Designated Representative pursuant to the provisions of this subsection may be relinquished at any time or from time to time by the Designated Representative by notice in writing delivered to the Trustee of the trust to which such release relates.

(C) Non-Fiduciary Duty of Designated Representative.  The powers granted to the Designated Representative in this subsection are granted to the Designated Representative individually, not in a fiduciary capacity, and the Designated Representative shall not be liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith. 

(ii) Provisions While No Designated Representative is Acting.  During any period or periods that no Designated Representative is acting with respect to the trust, the Trustee shall provide the accountings and notices to be given by the Trustee pursuant to the provisions of Section 15.23 of this Article, to the qualified beneficiaries of the trust.

(iii) Designation of Initial Designated Representative.  The Settlor’s spouse may designate one (1) or more persons or a Business Entity to act as the initial Designated Representative of each trust created under this trust instrument which is irrevocable. 

(iv) Appointment of Successor Designated Representatives.  In the event of the death, resignation, refusal, failure or inability of any person to act as Designated Representative of any trust, the successor Designated Representative shall be such one (1) or more persons or a Business Entity, or any combination thereof, designated by name or appointed in accordance with a plan of successor Designated Representatives established by the following persons, in the order named:

1. (A) the Settlor’s spouse;
2. (B) a person who has attained thirty (30) years of age with respect to any Discretionary Trust of which said person is the beneficiary and each trust created therefrom; then
3. (C) the then acting non-Corporate Designated Representative of such trust, or a majority of the then acting non-Corporate Designated Representatives;

provided, however, that any such designation or plan shall be effective only to supplement and not to contravene any previous designation or plan which has not been revoked or cancelled pursuant to the provisions of this subsection, or any subsequent plan established by a person in a prior position on the above list.  The power to establish a ‘plan of successor Designated Representatives’ includes the authority to designate another person or persons with the power to name successor Designated Representatives or to create additional plans of successor Designated Representatives, and is exercisable whether or not an actual vacancy in the position of Designated Representative exists at the time of the exercise.  Except as may be otherwise provided to the contrary in this subsection, the power to designate successor Designated Representatives and to create a plan of successor Designated Representatives includes the power to leave a vacancy in the position of Designated Representative unfilled.

(v) Method of Appointing Successor Designated Representatives.  In the exercise of the power to designate successor Designated Representatives of the trusts held pursuant to this trust instrument, different successor Designated Representatives may be designated or appointed for each or any trust.  Any designation may be made, or plan established, by an instrument in writing signed by the holder of the power and delivered to the then acting individual Trustee and to each party in a prior position on the list contained in subsection 15.24(b)(iv) of this Article, and if there is no then acting individual Trustee, to the current beneficiary of the trust for which a successor Designated Representative is being designated or to which the plan relates, or by the valid Will of the holder admitted to probate in any jurisdiction.  The holder of the power may, at any time or from time to time, revoke any designation made, or amend or cancel any plan established either by the holder of the power, by a person in a lower position on the list contained in subsection 15.24(b)(iv) of this Article or by a predecessor Designated Representative.  Any revocation, amendment or cancellation is to be made in the same manner as is provided above for making a designation or establishing a plan; provided, however, that no revocation, amendment or cancellation is effective to remove any then acting Designated Representative.  Upon any revocation, amendment or cancellation, the holder of the power to designate successor Designated Representatives of the trusts held pursuant to this trust instrument have the same powers with respect to designating successor Designated Representatives by name or establishing a plan in the manner provided above, as if such power had never been exercised. 

(vi) Release of Powers to Appoint Successor Designated Representatives.  The power to appoint successor Designated Representatives granted pursuant to the provisions of this subsection may be completely and irrevocably released at any time with respect to any one (1) or more trusts by an instrument in writing signed by the holder of the power and delivered to the then acting individual Trustee and to each party on the list contained in subsection 15.24(b)(iv) of this Article, and if there is no acting individual Trustee, to the beneficiary of the trust with respect to which the release relates

(vii) Designated Representatives of Discretionary Trusts. With respect to each Discretionary Trust, subject to any plan of successor Designated Representatives created pursuant to the provisions of subsections 15.24(b)(iv)(A) or 15.24(b)(iv)(B) of this Article, but notwithstanding any other provision in this trust instrument to the contrary, on the date on which the beneficiary of the trust has attained thirty (30) years of age, or upon creation of the trust, if subsequent thereto, the Designated Representative of the trust shall be such one (1) or more persons or a Business Entity, or any combination thereof, as shall be designated by name by the beneficiary by an instrument in writing signed by the beneficiary and delivered to the person(s) and/or entity so designated. 

(viii) Appointment of Successor Designated Representatives in Default of Designation.  In the event of a vacancy in the position of Designated Representative of any trust which is not otherwise filled pursuant to the provisions of this Article, the following, one (1) at a time and in the order named, shall act as successor Designated Representative: 
(A) John Doe; then
(B) Jane Doe.

(ix) Successor Designated Representatives.  Except as provided to the contrary in this subsection or by a plan of successor Designated Representatives created pursuant to the provisions of this subsection, upon the termination and final distribution of any trust under this trust instrument (a ‘Terminating Trust’), the initial Designated Representative(s) of each new and separate trust created from such Terminating Trust (herein referred to as a ‘New Trust’) shall be those person(s) and/or entity(ies) who were serving as Designated Representative(s) of the Terminating Trust on the date of the termination and final distribution of the Terminating Trust and who are living or in existence (as the case may be) upon creation of each New Trust.”