1. (1) A unitrust policy must provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including:

   1. (a) The frequency of valuing the asset, which need not require a valuation in every period; and
   2. (b) The date for valuing the asset in each period in which the asset is valued.

2. (2) Except as otherwise provided in section 15-1.2-309 (2)(b), a unitrust policy may provide methods for determining the amount of the net fair market value of the trust to take into account in determining the applicable value, including:

   1. (a) Obtaining an appraisal of an asset for which fair market value is not readily available;
   2. (b) Exclusion of specific assets or groups or types of assets;
   3. (c) Other exceptions or modifications of the treatment of specific assets or groups or types of assets;
   4. (d) Identification and treatment of cash or property held for distribution;

   5. (e) Use of:

      1. (I) An average of fair market values over a stated number of preceding periods; or
      2. (II) Another mathematical blend of fair market values over a stated number of preceding periods;

   6. (f) A limit on how much the applicable value of all assets, groups of assets, or individual assets may increase over:

      1. (I) The corresponding applicable value for the preceding period; or
      2. (II) A mathematical blend of applicable values over a stated number of preceding periods;

   7. (g) A limit on how much the applicable value of all assets, groups of assets, or individual assets may decrease below:

      1. (I) The corresponding applicable value for the preceding period; or
      2. (II) A mathematical blend of applicable values over a stated number of preceding periods;
   8. (h) The treatment of accrued income and other features of an asset which affect value; and
   9. (i) Determining the liabilities of the trust, including treatment of liabilities to conform with the treatment of assets under subsections (2)(a) through (2)(h) of this section.

Source: L. 2021: Entire article added, (SB 21-171), ch. 143, p. 816, § 1, effective January 1, 2022.