2016 Kentucky Revised Statutes CHAPTER 286 - KENTUCKY FINANCIAL SERVICES CODE Subtitle 3 - Banks and Trust Companies 286.3-145 Kentucky state trust company -- Scope of activities -- Acquisition of office within or outside of this state by Kentucky state trust company -- Rights, privileges, obligations, and liabilities of selling trust company.
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286.3-145 Kentucky state trust company -- Scope of activities -- Acquisition of
office within or outside of this state by Kentucky state trust company -- Rights,
privileges, obligations, and liabilities of selling trust company.
(1)
(2)
(3)
(4)
A Kentucky state trust company:
(a) May, at its trust office or offices in Kentucky or any other state or foreign
country, act as a fiduciary and engage in trust business as permitted by
Kentucky law or the applicable law of the state or foreign country; and
(b) May not, at its trust representative office or offices in Kentucky or any other
state or foreign country, act as a fiduciary, but it may otherwise engage in
other fiduciary related activities, including but not limited to marketing,
soliciting, and operating through the trust representative office as permitted by
this section.
A Kentucky state trust company may conduct any activities at an office outside of
this state that are permissible for a trust company chartered by the host state where
the office of the Kentucky state trust company is located, except to the extent the
activities are expressly prohibited by the laws of Kentucky or by any applicable law
of the host state or foreign country.
A Kentucky state trust company shall have and continuously maintain a principal
office in this state.
A Kentucky state trust company may establish or acquire and maintain trust offices
or trust representative offices in this state. A Kentucky state trust company desiring
to establish or acquire and maintain an office in this state shall:
(a) File a written notice on a form prescribed by the commissioner setting forth
the following:
1.
The name of the Kentucky state trust company;
2.
The location of the proposed office or offices; and
3.
The designation of the additional office or offices as trust offices or trust
representative offices;
(b) Furnish the commissioner with a copy of the resolution adopted by the board
of directors authorizing the office;
(c) Pay the filing fee, if any, prescribed by the commissioner;
(d) Commence business at the office no sooner than thirty-one (31) days after the
date the commissioner receives notice as specified by paragraph (a) of this
subsection, unless the commissioner specifies an earlier or later date. The
thirty (30) day period of review may be extended by the commissioner if he or
she determines the notice raises issues that require additional information or
additional time for analysis. If the period of review is extended, the Kentucky
state trust company may establish or acquire and maintain the additional office
only on prior written approval by the commissioner. The commissioner may
deny approval of the additional office if the commissioner finds that:
1.
The Kentucky state trust company lacks sufficient financial resources to
undertake the proposed expansion without adversely affecting its safety
(5)
(6)
or soundness;
2.
The proposed office would be contrary to the public interest; or
3.
The proposed expansion is not authorized by applicable law.
A Kentucky state trust company may establish or acquire and maintain a trust office
or a trust representative office in a state other than this state. A Kentucky state trust
company desiring to establish or acquire and maintain an office in another state
shall:
(a) File a written notice on a form prescribed by the commissioner setting forth
the following:
1.
The name of the Kentucky state trust company;
2.
The location of the proposed office or offices;
3.
The designation of the additional office or offices as trust offices or trust
representative offices; and
4.
An affirmation that the laws of the jurisdiction where the office will be
located permit the office to be maintained by the trust company;
(b) Furnish the commissioner with a copy of the resolution adopted by the board
of directors authorizing the out-of-state office;
(c) Pay the filing fee, if any, prescribed by the commissioner; and
(d) Commence business at the office no sooner than thirty-one (31) days after the
date the commissioner receives notice as specified by paragraph (a) of this
subsection unless the commissioner specifies an earlier or later date. The
thirty (30) day period of review may be extended by the commissioner if he or
she determines the notice raises issues that require additional information or
additional time for analysis. If the period of review is extended, the Kentucky
state trust company may establish or acquire and maintain the additional office
only on prior written approval by the commissioner. The commissioner may
deny approval of the additional office if the commissioner finds that:
1.
The Kentucky state trust company lacks sufficient financial resources to
undertake the proposed expansion without adversely affecting its safety
or soundness;
2.
The proposed office would be contrary to the public interest; or
3.
The proposed expansion is not authorized by applicable law.
A Kentucky state trust company acquiring an office in this state or in any other state
shall provide evidence to the commissioner that all fiduciary obligations and
liabilities of the trust company being acquired have been properly discharged or
assumed. An acquiring trust company shall succeed by operation of law to all of the
rights, privileges, and obligations of the selling trust company.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 67, sec. 3, effective June 8, 2011.
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