[Code of Federal Regulations]
[Title 26, Volume 7]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.501(c)(21)-2]

[Page 39-40]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.501(c)(21)-2  Same--trust instrument.

    As 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

[[Page 40]]

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)921) 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).

[44 FR 52197, Sept. 7, 1979]