New York 2025-2026 Regular Session

New York Senate Bill S08373

Introduced
6/5/25  
Refer
6/5/25  
Engrossed
6/11/25  
Refer
6/11/25  
Engrossed
6/16/25  
Enrolled
11/17/25  
Chaptered
11/21/25  

Caption

Relates to the computation and allocation of the commissions of trustees of charitable trusts.

Impact

The bill's enactment is expected to have significant implications for the management of charitable trusts in New York. By modifying existing statutes related to the allocation of commissions, S08373 intends to create a more predictable framework for trustees overseeing sizable charitable funds. This could enhance transparency and governance within the sector, potentially encouraging more philanthropic activity as charities navigate financial responsibilities more effectively.

Summary

Bill S08373 seeks to amend the Surrogate's Court Procedure Act to clarify the calculation and allocation of commissions for trustees managing charitable trusts. Proposed changes aim to streamline how trustees are compensated for their services, stipulating that annual commissions are to be divided, with one-third coming from trust income and two-thirds from the trust principal unless otherwise specified by the trust's governing documents. The bill is a response to complexities observed in the existing laws and aims to ensure fairness and clarity in trustee compensation.

Contention

Notably, the changes introduced by S08373 may lead to some contention amongst different stakeholders in the charitable sector. Concerns could arise from discussions about how these commission structures may impact smaller charities, which might feel threatened by the costs associated with compliance and trustee remuneration. Additionally, debates about the merits of local versus central management of charitable assets can surface, as the bill aims to standardize practices across the state, raising questions about the appropriateness of a one-size-fits-all approach to trust administration.

Companion Bills

NY A08300

Same As Relates to the computation and allocation of the commissions of trustees of charitable trusts.

Previously Filed As

NY A08300

Relates to the computation and allocation of the commissions of trustees of charitable trusts.

NY HB277

Trusts; Trust Proceedings; Trustees

NY SB225

Trusts; Trust Proceedings; Trustees

NY AB2221

Supervision of Trustees and Fundraisers for Charitable Purposes Act.

NY HB27

Estates and Trusts - Compensation of Guardians of Property and Trustees

NY SB19

Estates and Trusts - Compensation of Guardians of Property and Trustees

NY HB1850

Trusts; creating the Uniform Trust Code; definitions; creditor claims; revocable trusts; trustees; duties and powers of trustee; trustee liability; severability; effective date.

NY S09218

Adds members to the board of trustees of the state university of New York who represent the interests of community colleges as full voting members of the board of trustees; provides that the local legislative body or board of the county in which a community college is located may appoint a trustee in the event that the governor fails to appoint such trustee within 180 days of a vacancy on a board of trustees of a community college.

NY A10204

Adds members to the board of trustees of the state university of New York who represent the interests of community colleges as full voting members of the board of trustees; provides that the local legislative body or board of the county in which a community college is located may appoint a trustee in the event that the governor fails to appoint such trustee within 180 days of a vacancy on a board of trustees of a community college.

NY HB1850

Trust; creating the Uniform Trust Code; definitions; creditor claims; revocable trusts; trustees; duties and powers of trustee; trustee liability; severability; effective date.

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