Section 26-3504 – MINIMUM CAPITAL.
26-3504. MINIMUM CAPITAL. (1) A charter shall not be issued to a corporation applying for a state trust company charter having a paid-in capital of less than one million five hundred thousand dollars ($1,500,000). (2) A charter to operate a trust department shall not be issued to a bank unless the capital of the bank […]
Section 26-3703 – DEFINITIONS.
26-3703. DEFINITIONS. As used in this chapter: (1) "Continuing care" means the furnishing to an individual, other than an individual related by blood, marriage, or adoption to the person furnishing the care, of lodging together with nursing services, medical services, or other health related services, pursuant to an agreement requiring an entrance fee. (2) "Department" […]
Section 26-3505 – ISSUANCE OF CHARTER.
26-3505. ISSUANCE OF CHARTER. Upon the filing of an application the director shall make or cause to be made an investigation and examination of the facts concerning the applicant and shall issue a charter if he finds: (1) The applicant is a corporation having powers and purposes to engage in the trust business, organized under […]
Section 26-3704 – REGISTRATION — ANNUAL FEE.
26-3704. REGISTRATION — ANNUAL FEE. Each provider who provides continuing care services in this state shall register with the director on forms provided by the department and shall pay an annual registration fee. Such registration fee shall be fixed by the director but shall not exceed five hundred dollars ($500) per facility. No provider shall […]
Section 26-3506 – RECORDS — PRESERVATION OF RECORDS.
26-3506. RECORDS — PRESERVATION OF RECORDS. A state trust company or trust department shall keep and use in its business any books, accounts and records which will enable the director to determine whether the trust institution is complying with the provisions of this act and the rules and orders of the director. The director may […]
Section 26-3705 – DISCLOSURE STATEMENT OF FINANCIAL RESPONSIBILITY.
26-3705. DISCLOSURE STATEMENT OF FINANCIAL RESPONSIBILITY. As a condition to registration with the department, each provider must file evidence of financial responsibility. Said evidence shall be on registration forms provided by the director. The registration forms shall request such information as the director, in his discretion, shall deem appropriate to carry out the functions of […]
Section 26-3507 – DISCLOSURE OF INFORMATION.
26-3507. DISCLOSURE OF INFORMATION. A state trust company or trust department, its officers and employees, shall not disclose information to any person concerning the existence, condition, management and administration of any trust of which it is the trustee except as such disclosure: (1) Is specifically authorized by the terms of the trust or upon the […]
Section 26-3706 – SPECIFICATION FOR RESIDENCE CONTRACTS.
26-3706. SPECIFICATION FOR RESIDENCE CONTRACTS. (1) In addition to such other provisions as may be considered proper to effectuate the purpose of any continuing care agreement, each agreement executed on and after the date of the adoption of this chapter shall be written in nontechnical language easily understood by a layperson and shall: (a) Show […]
Section 26-3508 – TRUST FUNDS.
26-3508. TRUST FUNDS. (1) All moneys received by a state trust company as a fiduciary on trust business within this state shall be deposited in a bank, in a specially designated account or accounts, shall not be commingled with any funds of the state trust company and shall remain on deposit until disbursed or invested […]
Section 26-3509 – LOANS TO DIRECTORS, OFFICERS OR EMPLOYEES PROHIBITED — LOANS TO AFFILIATES OR SUBSIDIARIES PROHIBITED.
26-3509. LOANS TO DIRECTORS, OFFICERS OR EMPLOYEES PROHIBITED — LOANS TO AFFILIATES OR SUBSIDIARIES PROHIBITED. (1) A state trust company or bank having a trust department shall not make any loan to any director, officer or employee of the trust institution or to any affiliate or subsidiary corporation or to any director, officer or employee […]