Fiduciary Activities - Trust Companies - Financial - CA

Section § 1560

This law section states that California wants its regulations on the fiduciary (trust-related) activities of national banks to match the federal regulations set by the Office of the Comptroller of the Currency (OCC). Anyone interpreting these state rules should ensure they align with the federal rules, any modifications the OCC makes, or any official interpretations offered by authorized OCC representatives.

It is the intent of the Legislature that the provisions of this article, insofar as they are contained in the regulations regarding fiduciary activities of national banks (Part 9 (commencing with Section 9.1) of Title 12 of the Code of Federal Regulations) of the Office of the Comptroller of the Currency, conform, and be interpreted by anyone construing the provisions of this article to so conform, to those regulations, any rule or interpretation promulgated thereunder by the Office of the Comptroller of the Currency, and to any interpretation issued by an official or employee of the Office of the Comptroller of the Currency duly authorized to issue the interpretation.

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Section § 1561

This section defines important terms related to banking fiduciary responsibilities. It specifies what a 'bank' includes, encompassing both local and foreign banks that follow specific regulations. 'Fiduciary regulations' refer to rules national banks follow regarding fiduciary activities. 'Affiliate' describes a certain type of company relationship defined elsewhere. 'Applicable law' covers the legal framework guiding a bank's fiduciary relationships, including state, federal, and court orders. The term 'custodian under a uniform gifts to minors act' describes a role defined in the California Uniform Transfers to Minors Act. 'Fiduciary account' is an account managed by a bank in a fiduciary role, and 'fiduciary capacity' lists roles in which banks act on behalf of others. 'Fiduciary powers' are special authorities granted to banks for trust business. 'Guardian' involves managing the estate of another person under certain conditions. 'Investment discretion' means having authority over investment decisions. A 'trust office' is an extra bank office focused on trust business, while a 'trust representative office' has more specific banking functions.

For purposes of Section 1562, the following terms have the following meanings:

(a) “Bank” means any of the following:

(1) A commercial bank, industrial bank, or trust company incorporated under the laws of this state.

(2) A foreign (other state) bank that may establish a branch office in this state in accordance with Article 2 (commencing with Section 1680) of Chapter 19.

(b) “Fiduciary Regulations” means the regulations regarding fiduciary activities of national banks promulgated by the Office of the Comptroller of the Currency (Part 9 (commencing with Section 9.1) of Title 12 of the Code of Federal Regulations), as amended from time to time.

(d) “Applicable law” means the law of the state, another state, or other jurisdiction governing a bank’s fiduciary relationships, any applicable federal laws governing those relationships, or any court order pertaining to those relationships.

(e) “Custodian under a uniform gifts to minors act” means a fiduciary relationship established pursuant to the California Uniform Transfers to Minors Act (Part 9 (commencing with 3900) of Division 4 of the Probate Code).

(f) “Fiduciary account” means an account administered by a bank acting in a fiduciary capacity.

(g) “Fiduciary capacity” means trustee, executor, administrator, registrar of stocks and bonds, transfer agent, guardian, assignee, receiver, or custodian under a uniform gifts to minors act; investment adviser, if the bank receives a fee for its investment advice; any capacity in which the bank possesses investment discretion on behalf of another; or any other similar capacity.

(h) “Fiduciary powers” means the powers granted a bank by virtue of its receipt of the authority to engage in trust business from the commissioner.

(i) “Guardian” means the guardian or conservator, by whatever name used by law, of the estate of a minor, an incompetent person, an absent person, or a person over whose estate a court has taken jurisdiction, other than under bankruptcy or insolvency laws.

(j) “Investment discretion” means, with respect to an account, the sole or shared authority, whether or not that authority is exercised, to determine what securities or other assets to purchase or sell on behalf of that account. A bank that delegates its authority over investments and a bank that receives delegated authority over investments shall both be deemed to have investment discretion.

(k) “Trust office” means an office of a bank, other than a main office, at which the bank engages in the trust business. A trust office that engages in core banking business, as defined in subdivision (b) of Section 1670, is considered a branch office of the bank.

(l) “Trust representative office” means a facility as defined in subdivision (c) of Section 1670.

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Section § 1562

This section of the law adopts certain portions of the Fiduciary Regulations by reference. It specifies that wherever the terms 'national bank' or 'national banks' are used in the Fiduciary Regulations, they should be interpreted as 'bank' or 'banks' for the purposes of this article. Essentially, this allows the regulations to apply broadly to all banks, not just national ones.

(a) Sections 9.4 to 9.6, inclusive, Sections 9.8 to 9.15, inclusive, and Sections 9.18 to 9.101, inclusive, of the Fiduciary Regulations in all of their particular, including footnotes, are hereby referred to, incorporated by reference into this article, and adopted.

(b) All references to the term “national bank” or “national banks” used in the Fiduciary Regulations shall mean “bank” or “banks” for purposes of this article.

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