17:9A-120 - Assumption of fiduciary powers
17:9A-120.Ā Assumption of fiduciary powers
When the amendment is for the purpose of authorizing a bank, not a qualifiedĀ bank, to become a qualified bank, the commissioner, in determining whether heĀ shall give his approval thereto, shall give special consideration to theĀ following:
(1) The needs of the community for trust services, and the probable volume of trust business which will be available to the bank;
(2) the condition of the bank, particularly the adequacy of its capital andĀ surplus in relation to the character and condition of its assets and to itsĀ deposit liabilities and other corporate responsibilities, including the proposed exercise of fiduciary powers;Ā but no bank shall be authorized to become a qualified bank unless its capital stock amounts to at least $500,000.00;
(3) the general character and ability of the management of the bank;
(4) the nature of the supervision to be given to the proposed fiduciary activities;
(5) the qualifications, experience and character of the proposed officer orĀ officers who will have control or supervision of the proposed fiduciary activities;
(6) whether the bank has available competent legal counsel to advise and pass upon trust matters whenever necessary;Ā and
(7) any other matters which in the discretion of the commissioner are relevant.
L.1948, c. 67, p. 275, s. 120.Ā Amended by L.1965, c. 171, s. 16.
When the amendment is for the purpose of authorizing a bank, not a qualifiedĀ bank, to become a qualified bank, the commissioner, in determining whether heĀ shall give his approval thereto, shall give special consideration to theĀ following:
(1) The needs of the community for trust services, and the probable volume of trust business which will be available to the bank;
(2) the condition of the bank, particularly the adequacy of its capital andĀ surplus in relation to the character and condition of its assets and to itsĀ deposit liabilities and other corporate responsibilities, including the proposed exercise of fiduciary powers;Ā but no bank shall be authorized to become a qualified bank unless its capital stock amounts to at least $500,000.00;
(3) the general character and ability of the management of the bank;
(4) the nature of the supervision to be given to the proposed fiduciary activities;
(5) the qualifications, experience and character of the proposed officer orĀ officers who will have control or supervision of the proposed fiduciary activities;
(6) whether the bank has available competent legal counsel to advise and pass upon trust matters whenever necessary;Ā and
(7) any other matters which in the discretion of the commissioner are relevant.
L.1948, c. 67, p. 275, s. 120.Ā Amended by L.1965, c. 171, s. 16.