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Session Laws, 1972
Volume 708, Page 828   View pdf image
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828                              Laws of Maryland                      [Ch. 269

thousand dollars of all other income collected in each year, of five
percent upon the next [five] ten thousand dollars, four percent upon
the next ten thousand dollars [,] and three percent [upon the
next ten thousand dollars and two percent] upon any excess; such
commissions to be paid out of and chargeable against such income.
Income collected shall include any portion of income payable to a
trustee but withheld by the payor in compliance with any revenue
law of the United States, any state thereof or any other government
or governmental unit.

(c) Except as otherwise provided in the case of a trust having
more than one trustee
,
[An] an annual commission (payable at the
end of each year, accounting from the inception of such trust) upon
the fair value of the corpus or principal so held in trust at the end
of each year [one fourth] one third of one percent on the first
$250,000.00, [one eighth] one fifth of one percent on the next
$250,000.00 one eighth of one percent on the next $500,000.00,
and
[one sixteenth] one twelfth of one percent upon any excess; such
commission to be paid out of and chargeable against such corpus.
The first charge with respect to trusts, the administration of which
has already begun before the enactment of this section, shall be so
computed that for that portion of the annual period prior to [June 1,
1951] July 1, 1972 the corpus commission shall be pro-rated in ac-
cordance with the rates provided by [Chapter 100 of the Acts of
1939] Chapter 36 of the Acts of 1951, and for the portion of the
year subsequent to [June 1, 1951] July 1, 1972, shall be pro-rated
in accordance with the rates provided by this section; and when a
trust terminates in the course of any such year, with respect to all
or any part of the corpus so held in trust, such commission for such
current year shall be reduced or pro-rated according to the part of
such year elapsed and the amount of corpus as to which it may so
terminate, and shall be chargeable, for such part of a year (and with
respect to any such part of the corpus) at such termination of the
trust, upon the then value of such corpus.

(d) With respect to any trust established by a deed, grant, will

or other written instrument becoming effective on or after July 1,

1972 and with respect to any trust otherwise established by the

settlor on or after July 1, 1972, the commissions upon income and
corpus shall be as follows: (1) if the fair value of the corpus or

principal of the trust at the beginning of any year (accounting from

the inception of such trust) shall exceed $100,000 and at any time

during the year there is more than one trustee of the trust, the

commissions upon income shall be in amounts equal to one hundred

fifty percent of the amounts determined in accordance with sub-

section (b); provided, however, that if the number of trustees

changes during the year, the commissions so computed shall be

adjusted in accordance with the number of trustees in office when

income is received; and (2) if the fair value of the corpus or prin-

cipal of the trust at the end of any such year or at the date of

termination of the trust shall exceed $100,000 and at the end of

the year or at the date of termination there is more than one trustee,
the commissions upon corpus shall be in amounts equal to one
hundred
fifty percent of the amounts determined in accordance with sub-
section (c) hereof. If one of several trustees alone has custody or

care of all or substantially all of the assets of the trust, maintains

the accounting records, and is in charge of collections and disburse-

 

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Session Laws, 1972
Volume 708, Page 828   View pdf image
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