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Ark. Code Ann. § 23-51-165

Companies authorized to act as fiduciaries

Known as the Arkansas Trust Institutions Act

The act spans §§ 23–23 (100 sections).

Applied in 1 court decision — leading case Caroline Lasiter v. Newland & Associates, Pllc (2025)

Most recently applied in Caroline Lasiter v. Newland & Associates, Pllc (June 2025)

Acts 1997, No. 940, § 65; 2019, No. 836, § 4.

(1) A company shall not act as a fiduciary in this state except: A state trust company;

(2) A state bank;

(3) An association organized under the laws of this state and authorized to act as a fiduciary under § 23-37-101 et seq.;

(4) A national bank having its principal office in this state and authorized by the United States Comptroller of the Currency to act as a fiduciary under 12 U.S.C. § 92a;

(5) A federally chartered savings association having its principal office in this state and authorized by its federal chartering authority to act as a fiduciary;

(6) A subsidiary trust company authorized to act as a fiduciary under § 23-47-801 et seq.;

(7) An out-of-state bank with a branch in this state established or maintained under the Arkansas Interstate Banking and Branching Act, § 23-48-901 et seq., or a trust office licensed by the Bank Commissioner under this chapter;

(8) An out-of-state trust company with a trust office licensed by the commissioner under this chapter; or

(9) A foundation.

(10) A company shall not engage in an unauthorized trust activity.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.