Trust CompaniesInvestments
Section § 1580
This law states that a trust company in California can invest its contributed capital only in certain types of securities and properties, specifically those that a commercial bank is allowed to invest in. It also allows trust companies to make loans on real estate, similar to what commercial banks are permitted to do under specific sections of the financial code.
Section § 1581
This law states that if a trust company invests any trust funds it receives as part of its trust business, it must invest them according to specific rules laid out in another part of the law, starting with Section 16000 of the Probate Code.
Section § 1582
This section explains how trust companies in California can invest in funds related to the trusts they manage. A 'fund' is an investment company registered under a federal law, and a 'trust' is any private or court trust. Trust companies can invest in these funds as long as they follow trust law, unless the trust document specifically says otherwise. They can provide various services to the funds and earn compensation.
When making such investments, the trust company must notify all relevant parties within 30 days and provide a prospectus detailing the securities. Also, at least once a year, the trust company needs to inform these parties about the fees charged. Finally, the payment received from the trust for investment services should be reduced if the company or its affiliates also earn from the fund for similar services.
Section § 1583
This law allows trust companies and banks that handle trust funds awaiting investment or distribution to deposit those funds with a state or national bank. However, these funds can't be deposited with the same company that holds or controls the bank unless they provide eligible securities as security, which must be worth at least the amount of the deposit. No security is needed for the portion of the deposits that are insured by U.S. law.
Section § 1584
This law allows trust companies managing assets, either under a court order or a private trust, to register stock and securities in the name of nominees, but only if the trust document doesn't say otherwise, and with the agreement of any co-managers. Trust companies can also do this if they are acting as a custodian for another trust, with the trustee's consent. The company is responsible for any losses caused by the nominees. The stocks or securities must be kept separate from the company's own assets and can be grouped or merged under certain conditions. Trust companies must comply with regulations when managing securities, and must be able to certify what securities they hold if asked. Companies that register or transfer stocks to these trust company nominees aren't liable for following nominee instructions.
Section § 1585
This law pertains to trust companies in California. Trust companies can create and manage common trust funds to provide investment options for themselves or with other affiliated trust companies. These affiliated companies, even if from other states, can join as fiduciaries or cofiduciaries. Trust funds held this way can be invested in common trust funds if not restricted by any governing document, and the consent of cofiduciaries is required. Each common trust fund is treated as a separate entity. Fiduciary relationships have a proportionate interest in the fund, not in any specific assets. The law covers all existing and future fiduciary relationships, regardless of their nature, and the commissioner has the right to inspect any common trust fund. Additionally, such funds are not subject to Corporate Securities Law.
Section § 1586
This law explains how participation certificates issued by trust companies, which are secured by a deed or mortgage, should be managed. The trust company acts as a trustee with the full legal title and has extensive powers to manage the property, including extending, renewing, or foreclosing on the property. They can also lease, sell, or exchange the property to generate proceeds. After covering costs like commissions and taxes, the remaining proceeds are distributed to the certificate holders as per their share. If a beneficiary fails to pay their share of costs, their interest may be subject to a lien. The trust company holds these responsibilities as long as any certificates are still outstanding, clarifying the roles and duties involved.