US Lawyer Database

§ 81-27-5.104. Mutual funds

A state trust company may invest for its own account in equity securities of an investment company registered under the Investment Company Act of 1940 (15 USCS Section 80a-1 et seq.) and the Securities Act of 1933 (15 USCS Section 77a et seq.) if the portfolio of the investment company consists wholly of investments in […]

§ 81-27-5.105. Engaging in commerce prohibited

Except as otherwise provided by this chapter or rules adopted under this chapter, a state trust company may not invest its funds in trade or commerce by buying, selling, or otherwise dealing in goods or by owning or operating a business not part of the state trust business, except as necessary to fulfill a fiduciary […]

§ 81-27-5.201. Lending limits

A state trust company’s total outstanding loans and extensions of credit to a person other than an insider may not exceed an amount equal to fifteen percent (15%) of the state trust company’s capital. The aggregate loans and extensions of credit outstanding at any time to insiders of the state trust company may not exceed […]

§ 81-27-5.202. Lease financing transactions

Subject to rules or regulations adopted under this chapter, a state trust company may become the owner and lessor of tangible personal property for lease financing transactions on a net lease basis on the specific request and for the use of a client. Without the written approval of the commissioner to continue holding property acquired […]

§ 81-27-5.301. Trust deposits

A state trust company may deposit trust funds with itself as an investment if authorized by the settlor or the beneficiary provided: It maintains as security for the deposits a separate fund of securities, legal for trust investments, under control of a federal reserve bank or a clearing corporation, as defined by Section 75-8-102, either […]

§ 81-27-5.302. Common investment funds

A state trust company may establish common trust funds to provide investment to itself as a fiduciary. The commissioner may adopt rules to administer and carry out this section, including but not limited to rules to establish investment and participation limitations, disclosure of fees, audit requirements, limit or expand investment authority for particular classes or […]

§ 81-27-5.401. Borrowing limit

Except with the prior written approval of the commissioner, a state trust company may not have liabilities outstanding exceeding an amount equal to five (5) times its capital.

§ 81-27-5.402. Pledge of asset

A state trust company may not pledge or create a lien on any of its assets except to secure the repayment of money borrowed or as specifically authorized or required by Section 81-27-5.301, or by rules or regulations adopted under this article. An act, deed, conveyance, pledge, or contract in violation of this section is […]

§ 81-27-5.001. Investment in state trust company facilities

In this subarticle, “state trust company facility” means real estate, including an improvement, owned, or leased to the extent the lease or the leasehold improvements are capitalized, by a state trust company for the purpose of: Providing space for state trust company employees to perform their duties and space for parking by state trust company […]

§ 81-27-5.002. Other real estate

A state trust company may not acquire real estate except: As permitted by Section 81-27-5.001 or as otherwise provided by this chapter, including rules or regulations adopted under this chapter; If necessary to avoid or minimize a loss on a loan or investment previously made in good faith; or With the prior written approval of […]