801 CMR 50.03
Responsibilities
(1) A Secretary seeking to establish an Expendable Trust shall submit a written request therefor
to the Secretary of Administration. The request shall include:
(a) The rationale, purpose and name of the proposed Expendable Trust;
(b) The anticipated sources of revenues to the Expendable Trust;
(c) The estimated total of such revenues;
(d) The types of planned expenditures;
(e) The expected duration of the Expendable Trust;
(f) A draft of the Declaration of Trust; and
(g) The name of the person to be appointed as Trustee.
(2) Upon receipt of approval from the Secretary of Administration, the requesting official shall
forward to the Comptroller a copy of the approved request and the final Declaration of Trust.
(3) The Comptroller shall coordinate the establishment of a separate account for the Expendable
Trust with the State Treasurer and establish the appropriate account in MMARS.
(4) The requesting official shall ensure that transactions in the Expendable Trust are reported
and accounted for in accordance with MMARS policies and procedures.
(5) Unless otherwise provided by law, revenue and expenditure activity pursuant to 801 CMR
50.00 is authorized by M.G.L. c. 6A, § 6 and governed by 801 CMR 50.00 and related
declarations of trust and is not subject to appropriation.
The Expendable Trust shall terminate at the direction of the trustee or trustees or the
Secretary of Administration or as provided in the Declaration of Trust, but generally shall not
extend beyond three years from the date of receipt of funds, unless the terms of the initial trust
anticipates expenditure over a longer period of time not to exceed five years. Any extensions
beyond the initial term of the Expendable Trust will require an amended and re-executed
Declaration of Trust, submitted in the same manner as stated in 801 CMR 50.03(1), which will
be for the temporary period necessary to expend the initial funding.
Any balance remaining at termination of the Expendable Trust shall revert to the
Commonwealth unless otherwise provided in the Declaration of Trust.