58a-104. Knowledge. - Kansas Statutes

58a-104

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 1.--GENERAL PROVISIONS AND DEFINITIONS

      58a-104.   Knowledge.(a) Subject to subsection (b), aperson has knowledge of a fact if theperson:

      (1)   Has actual knowledge of it;

      (2)   has received a notice or notification of it; or

      (3)   from all the facts and circumstances known to the person at the time inquestion,has reason to know it.

      (b)   An organization that conducts activities through employees has notice orknowledge ofa fact involving a trust only from the time the information was received by anemployee havingresponsibility to act for the trust, or would have been brought to theemployee's attention if theorganization had exercised reasonable diligence. An organization exercisesreasonable diligence ifit maintains reasonable routines for communicating significant information tothe employee havingresponsibility to act for the trust and there is reasonable compliance with theroutines. Reasonablediligence does not require an employee of the organization to communicateinformation unless thecommunication is part of the individual's regular duties or the individualknows a matter involving the trust would be materially affected by theinformation.

      History:   L. 2002, ch. 133, § 4; Jan. 1, 2003.