TITLE 19
Financial institutions
CHAPTER 19-3.1
Trust Powers
SECTION 19-3.1-6
§ 19-3.1-6 Foreign banks and trust
companies Agent to receive process.
(a) No person shall exercise any of the powers conferred exclusively upon
financial institutions, except that a trust company duly organized under the
laws of and carrying on business in another state, or a national banking
association located in another state, may act as trustee under any written
instrument in which it is named as trustee or may be appointed as trustee of
any trust by any court of competent jurisdiction of this state or may be
appointed by any probate court of this state as administrator, administrator de
bonis non, administrator with the will annexed, guardian of estates, or
conservator, or as executor of any will in which it is named as executor, if
financial institutions or national banking associations located in this state
are permitted to act as trustee, administrator, administrator de bonis non,
administrator with the will annexed, guardian of estates, conservator, or
executor under similar conditions in the state where the trust company is
located. The trust company or national banking association located in another
state, as the case may be, shall execute and file in the office of the director
or the director's designee a written instrument appointing the director or the
director's designee in his or her name of office its true and lawful attorney
upon whom all writs and other legal process may be served in any legal
proceeding relating to its conduct as trustee, administrator, administrator de
bonis non, administrator with the will annexed, guardian, conservator, or
executor or affecting any property held by it under the trusts or the will or
the appointment, with the same effect as if it were located in this state and
had been lawfully served with process.
(b) Upon obtaining the consent of the director, or the
director's designee, a bank or trust company duly organized under the laws of,
and carrying on business in another state, may establish a trust branch or
branches within this state if the law of the other state authorizes the bank or
trust company to exercise trust powers; provided that, in the case of an
out-of-state bank or trust company, the law of the state in which it is
principally located authorizes under conditions not substantially more
restrictive than those imposed by the laws of this state, as determined by the
director or the director's designee, a financial institution to establish a
trust branch in that state. The director or the director's designee shall
approve an application for a trust branch if the applicant has satisfied the
standards and followed the procedures set forth in this title for the
establishment of branches for financial institutions in addition to the
requirements of this subsection. The bank or trust company located in another
state shall execute and file in the office of the director or the director's
designee a written instrument appointing the director or the director's
designee in his or her name of office its true and lawful attorney upon whom
all writs and other legal process may be served in any legal proceeding
relating to trust activities conducted in this state.
History of Section.
(P.L. 1995, ch. 82, § 41; P.L. 2003, ch. 174, § 2; P.L. 2003, ch.
178, § 2.)