N.C. Gen. Stat. § 36C-8B-12

NORTH CAROLINA COMMENT

For the reasons explained in the North Carolina Comment to G.S. 36C-8B-11, the drafters modified the provisions of Section 11 of the Uniform Trust Decanting Act by providing in G.S. 36C-8B-11 for the authorized fiduciary's power to decant pursuant to a distributive discretion, whether or not limited by an ascertainable standard. In doing so, the drafters omitted Section 12 of the Act dealing with "limited distributive discretion" subject to an ascertainable standard because they chose not to make the distinction between decanting pursuant to "expanded distributive discretion" set forth in Section 11 of the Act and decanting pursuant to "limited distributive discretion" set forth in Section 12 of the Act. An authorized fiduciary who has distributive discretion over principal subject to an ascertainable standard may decant under G.S. 36C-8B-11 subject to the limitations of G.S. 36C-8B-11(b)(4).