2015 Kentucky Revised Statutes CHAPTER 386 - ADMINISTRATION OF TRUSTS -- LEGAL INVESTMENTS -- UNIFORM PRINCIPAL AND INCOME ACT 386.510 Definitions for KRS 386.510 to 386.590.
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386.510 Definitions for KRS 386.510 to 386.590.
As used in KRS 386.510 to 386.590, the following terms shall be construed to have the
meaning set forth by this section, unless a contrary meaning clearly appears from the
context:
(1) The term "trust institution" means any of the following corporations having trust
powers and authorized to act in a fiduciary capacity under the laws of Kentucky:
Any state bank or trust company incorporated under the laws of Kentucky and any
national banking association incorporated under the laws of the United States and
having its principal office in Kentucky;
(2) The term "investment adviser" of a fiduciary investment company means (a) any
trust institution which, pursuant to contract with a fiduciary investment company
possessing the qualifications provided by KRS 386.510 to 386.590, regularly
furnishes advice to such investment company with respect to the desirability of
investing in, purchasing or selling securities or other property or is empowered to
determine what securities or other property shall be purchased or sold by such
investment company, and (b) any person other than a trust institution, who, pursuant
to contract with such trust institution, regularly performs substantially all of the
duties undertaken by such trust institution;
(3) The term "fiduciary investment company" means a corporation which is an
investment company as defined by the Act of Congress entitled "Investment
Company Act of 1940" approved August 22, 1940, as amended, and is incorporated
in accordance with the "Kentucky Business Corporation Act" as to constitute a
medium for the investment of funds held by trust institutions and foreign trust
institutions in a fiduciary capacity, either alone or with one (1) or more
cofiduciaries;
(4) The term "supervisory agency" means (a) the comptroller of the currency of the
United States with respect to any fiduciary investment company having a national
banking association as an investment adviser, and (b) the commissioner of financial
institutions of the Commonwealth of Kentucky with respect to any fiduciary
investment company having a state bank as an investment adviser. The term shall
mean the commissioner of financial institutions of the Commonwealth of Kentucky
with respect to any fiduciary investment company which does not have an
investment adviser; and
(5) The term "foreign trust institution" means any state bank or trust company
organized under the laws of any state other than Kentucky or any national banking
association incorporated under the laws of the United States and having its principal
office in some state other than Kentucky, which has trust powers and is authorized
to act in a fiduciary capacity under the laws under which it was incorporated.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1919, effective July 15, 2010. -Amended 1984 Ky. Acts ch. 388, sec. 16, effective July 13, 1984. -- Created 1974
Ky. Acts ch. 300, sec. 2.
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