Qualification as successor fiduciary

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For the purposes of qualification as successor fiduciary under any requirements contained in any document creating a fiduciary account or any statute of this state relating to fiduciary accounts, the subsidiary trust company or national trust company:

  1. (1) Is considered to have capital and surplus equal to its capital and surplus plus the capital and surplus of its owning bank holding company; and

  2. (2) Shall be treated as a national bank, unless:

    1. (A) It is not a national bank under federal law relating to national banks; and

    2. (B) It has not entered into a substitution agreement with an affiliated bank that is a national bank under federal law relating to national banks.


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