9506 - Liability of trustees and beneficiaries.

     § 9506.  Liability of trustees and beneficiaries.        (a)  General rule.--            (1)  Except as otherwise provided in the instrument, the        beneficiaries of a business trust shall be entitled to the        same limitation of personal liability as is extended to        shareholders in a domestic business corporation.            (2)  Except as otherwise provided in the instrument, the        trustees of a trust, as such, shall not be personally liable        to any person for any act or obligation of the trust or any        other trustee.            (3)  An obligation of a trust based upon a writing may be        limited to a specific fund or other identified pool or group        of assets of the trust.        (b)  Standards and immunities.--Except as otherwise provided     in the instrument governing the trust, the provisions of     Subchapters B (relating to fiduciary duty) and D (relating to     indemnification) of Chapter 17 shall be applicable to     representatives of a business trust.        (c)  Certain specifically authorized debt terms.--A business     trust shall be subject to section 1510 (relating to certain     specifically authorized debt terms) to the same extent as if it     were a business corporation.        (d)  Professional relationship unaffected.--Subsection (a)     shall not afford trustees or beneficiaries of a business trust     providing professional services with greater immunity than is     available to the officers, shareholders, employees or agents of     a professional corporation. See section 2925 (relating to     professional relationship retained).        (e)  Disciplinary jurisdiction unaffected.--A business trust     providing professional services shall be subject to the     applicable rules and regulations adopted by, and all the     disciplinary powers of, the court, department, board, commission     or other government unit regulating the profession in which the     business trust is engaged. The court, department, board or other     government unit may require that a business trust include in its     instrument provisions that conform to any rule or regulation     heretofore or hereafter promulgated for the purpose of enforcing     the ethics of a profession. This chapter shall not affect or     impair the disciplinary powers of the court, department, board,     commission or other government unit over licensed persons or any     law, rule or regulation pertaining to the standards for     professional conduct of licensed persons or to the professional     relationship between any licensed person rendering professional     services and the person receiving professional services.        (f)  Permissible beneficiaries.--Except as otherwise provided     by a statute, rule or regulation applicable to a particular     profession, all of the ultimate beneficial owners of interests     in a business trust that renders one or more restricted     professional services shall be licensed persons. As used in this     subsection, the term "restricted professional services" shall     have the meaning specified in section 8903 (relating to     definitions and index of definitions).        (g)  Conflict of laws.--The personal liability of a trustee     or beneficiary of a business trust to any person or in any     action or proceeding for the debts, obligations or liabilities     of the trust or for the acts or omissions of other trustees,     beneficiaries, employees or agents of the trust shall be     governed solely and exclusively by this chapter and the laws of     this Commonwealth. Whenever a conflict arises between the laws     of this Commonwealth and the laws of any other state with     respect to the liability of trustees or beneficiaries of a trust     organized and existing under this chapter for the debts,     obligations and liabilities of the trust or for the acts or     omissions of the other trustees, beneficiaries, employees or     agents of the trust, the laws of this Commonwealth shall govern     in determining such liability.        (h)  Medical professional liability.--A business trust shall     be deemed to be a professional corporation for purposes of     section 811 of the act of October 15, 1975 (P.L.390, No.111),     known as the Health Care Services Malpractice Act.     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 7, 1994,     P.L.703, No.106, eff. 60 days; June 22, 2001, P.L.411, No.34,     eff. 60 days)        2001 Amendment.  Act 34 amended subsecs. (a) and (f) and     added subsec. (h).        1994 Amendment.  Act 106 added subsecs. (c), (d), (e), (f)     and (g).        Cross References.  Section 9506 is referred to in section     9507 of this title.