N.D. Cent. Code § 6-05-15.5
Structure of trust company - Operating subsidiaries - Notice - Hearing - Supervision
Redline — December 1, 2021 → current.View current text →
Current — March 1, 2022
As of December 1, 2021
(1) A trust company may conduct its business directly or through one or more operating subsidiary organizations, including a limited purpose bank that is established under the laws of a jurisdiction other than this state. The activities of an operating subsidiary of a trust company must be limited to those activities in which the trust company itself could engage.
(2) A trust company that desires to establish or acquire an operating subsidiary must submit a written notification to the department of financial institutions not less than thirty days before the trust company’s investment in the subsidiary organization is made. The notification must include the information specified by the state banking board.
(3) Within ten business days after receipt of the notification by the department, the commissioner shall determine if the notice is complete and shall notify the trust company of the determination. If within the ten business days the commissioner determines that the notice is incomplete, the commissioner shall request the additional information necessary to complete the notice. Within ten days after receipt of the additional information, the commissioner shall notify the trust company by mail of the commissioner’s determination of completeness. The commissioner shall inform the state banking board of the receipt of a completed notice. Upon expiration of thirty days from the date for the mailing of a notice of completeness, the trust company’s investment in the operating subsidiary in accordance with its notice is deemed approved by the state banking board, unless within that thirty-day period the state banking board has served the trust company with a notice of hearing on the company’s proposed investment.
(4) Any hearing required by the state banking board must be commenced and concluded by the issuance of the order of the board within ninety days after the date for the mailing of a notice of completeness by the commissioner. If the hearing is not concluded within the ninety-day period, the investment by the trust company is deemed approved by the state banking board.
(5) The state banking board may prohibit the trust company’s investment in an operating subsidiary organization if it finds after a hearing: The investment will jeopardize the solvency of the trust company; or
(6) The operation of the trust company through the subsidiary organization will place the trust company in an unsafe and unsound condition.
(7) The state banking board has the same authority to examine and supervise an operating subsidiary as exists for the trust company.
Notwithstanding the provisions of section 6-05-15, any bank or trust company qualified to act as fiduciary in this state may:
(1) Establish and maintain common trust funds for the collective investment of funds held in any fiduciary capacity by it or by another bank or trust company which is owned or controlled by a corporation which owns or controls such bank or trust company.
(2) As a fiduciary or cofiduciary, invest funds which it holds for investment in common trust funds established and maintained pursuant to subsection 1 if such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship. This section applies to fiduciary relationships now in existence or hereafter created.
To the extent not inconsistent with the provisions of this section, the provisions of section 6-05-15. 1 relating to common trust funds apply to the establishment and maintenance of common trust funds under this section.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.