Section 16366 Of Article 5.3. Allocation Of Receipts During Administration Of Trust: Receipts Normally Apportioned From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 5.3.
16366
. (a) In this section, "derivative" means a contract or
financial instrument or a combination of contracts and financial
instruments that 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 Section
16352 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 shall be allocated to principal. An amount paid to acquire the
option shall 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, shall be allocated to principal.