Section 16367 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.
16367
. (a) In this section, "asset-backed security" means an asset
whose value is based upon the right it gives the owner to receive
distributions from the proceeds of financial assets that provide
collateral for the security. The term includes an asset that gives
the owner the right to receive from the collateral financial assets
only the interest or other current return or only the proceeds other
than interest or current return. The term does not include an asset
to which Section 16350 or 16361 applies.
(b) If a trust receives a payment from interest or other current
return and from other proceeds of the collateral financial assets,
the trustee shall allocate to income the portion of the payment which
the payer identifies as being from interest or other current return
and shall allocate the balance of the payment to principal.
(c) If a trust receives one or more payments in exchange for the
trust's entire interest in an asset-backed security in one accounting
period, the trustee shall allocate the payments to principal. If a
payment is one of a series of payments that will result in the
liquidation of the trust's interest in the security over more than
one accounting period, the trustee shall allocate 10 percent of the
payment to income and the balance to principal.