1.501(c)(21)-2. Trust instrument. --A trust
does not meet the requirements of section 501(c)(21) if it is
not established and maintained pursuant to a written instrument.
The trust instrument must definitely and affirmatively prohibit
a diversion or use of trust assets that is not permitted under
section 501(c)(21)(B) or section 4953(c), whether by operation
or natural termination of the trust, by power of revocation
or amendment, by the happening of a contingency, by collateral
arrangement, or by any other means. No particular form for the
trust instrument is required. A trust may meet the requirements
of section 501(c)(21) although the trust instrument fails to
contain provisions the effects of which are to prohibit acts
that are subject to section 4951 (relating to taxes on self-dealing),
section 4952 (relating to taxes on taxable expenditures) or
the retention of contributions subject to section 4953 (relating
to tax on excess contributions to black lung benefit trusts).
[Reg. §1.501(c)(21)-2.]
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