Section 5-12A-15 – Taxation.
Section 5-12A-15 Taxation. A common trust fund, whether established, maintained, and administered pursuant to the requirements of this chapter or established, maintained, administered, and invested in without regard to the requirements and limitations of this chapter, as provided in Section 5-12A-13, shall not be subject to taxation under any income tax law of the State […]
Section 5-12A-5 – Amendment of Plan.
Section 5-12A-5 Amendment of plan. The plan may be amended from time to time by the fiduciary with the approval of the board of directors of the trust institution. Any such amendment shall be filed with the original plan, together with a certified copy of the resolution of the board of directors of the trust […]
Section 5-12A-6 – Control of Investments by Instrument Under Which Trust Institution Acts.
Section 5-12A-6 Control of investments by instrument under which trust institution acts. If the instrument under which a trust institution acts as fiduciary, whether such fiduciary capacity arose before or is created after July 8, 1943, shall either expressly or by its silence limit or restrict the investment of moneys of the estate and securities […]
Section 5-12A-7 – Investment of Estate Moneys in Fund; Withdrawals.
Section 5-12A-7 Investment of estate moneys in fund; withdrawals. The trust institution shall invest the moneys of an estate (whether the estate is administered by such trust institution or by an affiliated trust institution) in such common trust fund by adding the same thereto and by apportioning a participation therein to such estate in the […]
Section 5-12A-8 – Record of Fiduciary Accounts Owning Interest in Fund; Extent of Interest.
Section 5-12A-8 Record of fiduciary accounts owning interest in fund; extent of interest. The trust institution shall designate clearly upon its records the names of the fiduciary accounts which own a participation in the common trust fund and the extent of the interest of such fiduciary accounts therein. No fiduciary account owning or holding an […]
Section 5-12A-9 – Annual Audit.
Section 5-12A-9 Annual audit. At least once during each period of 12 months, the trust institution shall cause an audit to be made of the common trust fund by an auditor or auditors responsible only to the board of directors of the trust institution. The report of such audit shall include a list of the […]
Section 5-12A-10 – Quarterly Valuation of Securities in Fund.
Section 5-12A-10 Quarterly valuation of securities in fund. No less frequently than once during each period of three months, the trust institution administering a common trust fund shall determine the value of the securities in the common trust fund as of the dates set for the valuation thereof. No participation shall be admitted to or […]
Section 5-12A-11 – Management and Control of Fund; Ownership of Assets.
Section 5-12A-11 Management and control of fund; ownership of assets. The trust institution shall have the exclusive management and control of each common trust fund administered by it and the sole right at any time to sell, convert, exchange, transfer or otherwise change or dispose of the assets comprising the same. The ownership of such […]
Section 5-12A-12 – Mistakes in Administration of Fund.
Section 5-12A-12 Mistakes in administration of fund. No mistake made in good faith and in the exercise of due care in connection with the administration of a common trust fund shall be deemed to be a violation of this chapter or of any rules or regulations issued pursuant thereto if promptly after discovery of the […]
Section 5-12A-13 – Administration, etc., of Common Trust Funds Differing From Funds Permitted by This Chapter.
Section 5-12A-13 Administration, etc., of common trust funds differing from funds permitted by this chapter. Nothing contained in this chapter shall prohibit a trust institution, when it acts in accordance with specific authority contained in the instrument or instruments under which the trust institution acts, from establishing, maintaining, administering and investing in, without regard to […]