US Lawyer Database

§ 81-27-3.103. Choice of law governing fiduciary investments

Any trust institution that maintains a trust office or representative trust office in this state and its affected clients may designate either (i) this state, (ii) a state where affected clients reside or (iii) the state where such trust institution has its principal office as the state whose laws shall govern with respect to the […]

§ 81-27-2.102. Establishing an interstate trust office

An out-of-state trust institution that does not operate a trust office in this state and that meets the requirements of this subarticle may establish and maintain a new trust office in this state. Until January 1, 1999, an out-of-state trust institution may not establish a new trust office in this state unless a similar institution […]

§ 81-27-2.103. Acquiring an interstate trust office

An out-of-state trust institution that does not operate a trust office in this state and that meets the requirements of this subarticle may acquire and maintain a trust office in this state. Until January 1, 1999, no out-of-state trust institution may maintain a trust office in this state unless a similar institution chartered under the […]

§ 81-27-2.104. Requirement of notice

An out-of-state trust institution desiring to establish and maintain a new trust office or acquire and maintain a trust office in this state pursuant to this subarticle shall provide, or cause its home state regulator to provide, written notice of the proposed transaction to the commissioner on or after the date on which the out-of-state […]

§ 81-27-2.105. Conditions for approval

No trust office of an out-of-state trust institution may be acquired or established in this state under this subarticle unless: The out-of-state trust institution shall have confirmed in writing to the commissioner that for as long as it maintains a trust office in this state, it will comply with all applicable laws of this state. […]

§ 81-27-2.106. Additional trust offices

An out-of-state trust institution that maintains a trust office in this state under this subarticle may establish or acquire additional trust offices or representative trust offices in this state to the same extent that a state trust institution may establish or acquire additional offices in this state pursuant to the procedures for establishing or acquiring […]

§ 81-27-2.201. Representative trust office business

An out-of-state trust institution may not act as a fiduciary, but may otherwise engage in a trust business, at a representative trust office as permitted by this subarticle. Subject to the requirements contained in this subarticle, an out-of-state trust institution may establish and maintain representative trust offices anywhere in this state.

§ 81-27-2.202. Registration of representative trust office

An out-of-state trust institution may establish or acquire and maintain a representative trust office in this state. An out-of-state trust institution not maintaining a trust office in this state and desiring to establish or acquire and maintain a representative trust office shall file a notice on a form prescribed by the commissioner which shall set […]

§ 81-27-2.302. Enforcement

After notice and opportunity for hearing, The commissioner may determine: That an office maintained by an out-of-state trust institution in this state is being operated in violation of any provision of the laws of this state or in an unsafe and unsound manner; or That a company is engaged in an unauthorized trust activity. In […]