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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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cfr2634c.asc
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1993-08-01
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(10) The interested parties shall not take any action to
obtain, and shall take reasonable action to avoid receiving,
information with respect to the holdings and the sources of
income of the trust, including a copy of any trust tax return
filed by the trustee, or any information relating to that return,
except for the reports and information specified in paragraphs
(b)(6) and (b)(8) of this section;
(11) An independent trustee and any other designated
fiduciary shall file, with the Director of the Office of
Government Ethics by May 15th following any calendar year during
which the trust was in existence, a properly executed Certificate
of Compliance in the form prescribed in appendix B to this part.
In addition, the independent trustee and such fiduciary shall
maintain and make available for inspection by the Office of
Government Ethics, as it may from time to time direct, the
trust's books of account and other records and copies of the
trust's tax returns for each taxable year of the trust;
(12) Neither the trustee nor any other designated
fiduciary shall knowingly and willfully, or negligently:
(i) Disclose to any interested party any information
regarding the trust that may not be disclosed pursuant to title I
of the Act, the implementing regulations, or the trust
instrument;
(ii) Acquire any holding the ownership of which is
prohibited by, or not in accordance with, the terms of the trust
instrument;
(iii) Solicit advice from any interested party with
respect to the trust, if such solicitation is prohibited by title
I of the Act, the implementing regulations, or the trust
instrument; or
(iv) Fail to file any document required by title I of the
Act or by this part;
(13) An interested party shall not knowingly and
willfully, or negligently:
(i) Solicit or receive any information regarding the trust
that may not be disclosed pursuant to title I of the Act, the
implementing regulations, or the trust instrument; or
(ii) Fail to file any document required by title I of the
Act or by this part;
(14) No person, including investment counsel, investment
advisers, accountants, and tax preparers, may be employed or
consulted by an independent trustee or any other designated
fiduciary to assist in any capacity to administer the trust or to
manage and control the trust assets, unless the following four
conditions are met:
(i) When any interested party learns about such employment
or consultation, the person must sign the trust instrument as a
party, subject to the prior approval of the Director of the
Office of Government Ethics;
(ii) Under all the facts and circumstances, the person is
determined pursuant to the requirements for eligible entities
under 2634.406 of this subpart to be independent of any
interested party with respect to the trust arrangement;
(iii) The person is instructed by the independent trustee
or other designated fiduciary not to disclose publicly or to any
interested party information which might specifically identify
current trust assets which have been sold or disposed of from
trust holdings, other than information relating to the sale or
disposition of original trust assets under paragraph (b)(6) of
this section; and
(iv) The person is instructed by the trustee or other
designated fiduciary to have no direct communication with respect
to the trust with any interested party, and to make all indirect
communications with respect to the trust only through the
trustee, pursuant to paragraph (b)(9) of this section;
(15) The trustee shall not acquire by purchase, grant,
gift, exercise of option, or otherwise, without the prior written
approval of the Director of the Office of Government Ethics,
securities, cash, or other property from any interested party;
(16) The existence of any banking or other client
relationship between any interested party and an independent
trustee or any other designated fiduciary shall be disclosed in
schedules attached to the trust instrument, and no other such
relationship shall be instituted unless that relationship is
disclosed to the Director of the Office of Government Ethics; and
(17) The independent trustee and any other designated
fiduciary shall be compensated in accordance with schedules
annexed to the trust instrument.
[57 FR 11814, Apr. 7, 1992; 57 FR 21854, May 22, 1992]
2634.404 Qualified diversified trusts.
(a) Definition. A qualified diversified trust is any trust
in which the filer, his spouse, or his minor or dependent child
has a beneficial interest, which is certified pursuant to
2634.405 of this subpart by the Director of the Office of
Government Ethics, which has a portfolio as specified in
paragraph (b) of this section, and which includes in the trust
instrument the provisions required by paragraph (c) of this
section and has an independent trustee as defined in 2634.406 of
this subpart. See section 102(f)(4)(B) of the Act.
(b) Required portfolio -- (1) Standards for initial
assets. It must be established, to the satisfaction of the
Director of the Office of Government Ethics, that the initial
assets of the trust proposed for certification comprise a widely
diversified portfolio of readily marketable securities. The
reporting individual or other interested party shall provide the
Director with a detailed list of the securities proposed for
inclusion in the portfolio, specifying their fair market values
and demonstrating that these securities meet the requirements of
this paragraph. The initial trust portfolio may not contain
securities of issuers having substantial activities in the
reporting individual's primary area of responsibility. If
requested by the Director, the designated agency ethics official
for the reporting individual's employing agency shall certify
whether the proposed portfolio meets this standard.
(2) Diversification standards. For purposes of paragraph
(b)(1) of this section, a portfolio will be widely diversified
if:
(i) The value of the securities concentrated in any
particular or limited industrial, economic or geographic sector
is no more than twenty percent of the total; and
(ii) The value of the securities of any single issuer
(other than the United States Government) is no more than five
percent of the total.
(3) Marketability standard. For purposes of paragraph
(b)(1) of this section, a security will be readily marketable if:
(i) Daily price quotations for the security appear
regularly in newspapers of general circulation; and
(ii) The trust holds the security in a quantity that does
not unduly impair liquidity.
(c) Required provisions. The instrument which establishes
a diversified trust must adhere substantively to model drafts
circulated by the Office of Government Ethics, and must provide
that:
(1) The primary purpose of the diversified trust is to
confer on the independent trustee and any other designated
fiduciary the sole responsibility to administer the trust and to
manage trust assets without the participation by, or the
knowledge of, any interested party. This includes the duty to
decide when and to what extent the original assets of the trust
are to be sold or disposed of and in what investments the
proceeds of sale are to be reinvested;
(2) The trustee and any other designated fiduciary in the
exercise of their authority and discretion to manage and control
the assets of the trust shall not consult or notify any
interested party;
(3) The trust's initial assets shall comprise a widely
diversified portfolio of readily marketable securities, in
accordance with the principles of paragraph (b) of this section,
and the trustee shall not acquire additional securities in excess
of the diversification standards;
(4) Any portfolio asset transferred to the trust by an
interested party is free of any restriction with respect to its
transfer or sale, except as fully described in schedu