Operations as a Fiduciary

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Banks and Trust Companies
  6. Powers of Trust Companies
  7. Operations as a Fiduciary

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Except as otherwise permitted by Code Section 7-1-315, a trust company in its capacity as fiduciary shall:

  1. Segregate all property (other than items in the course of collection) held as a fiduciary from its nonfiduciary assets and keep separate records of all such fiduciary property for each account for which such property is held;
  2. Hold property held as fiduciary in a form complying with applicable law;
  3. Keep fiduciary funds awaiting investment or distribution in deposits in an authorized financial institution (including, in the case of a trust company which is also a bank, its own commercial department or the commercial department of an affiliate as provided in Code Section 7-1-289) which is insured or, to the extent of any deficiencies in insurance coverage, fully secured by a pledge or assignment of bonds or obligations of the United States, this state, or a public body of either or other obligations guaranteed as to principal and interest by the United States, this state, or a public body of either or real estate loans secured by a first lien or security title to improved realty and insured pursuant to any title of the National Housing Act. The beneficial owners of such uninvested funds shall have a first and prior lien on such security;
  4. Not be required to execute a bond or give any security required by the law of fiduciaries but may give its own bond and pledge or otherwise grant security interests in its assets as security for the faithful performance of its duties as fiduciary or as surety for such faithful performance by any cofiduciary where such is requested or otherwise required; and
  5. Provide any oath or affirmation or any affidavit required of the trust company through an officer thereof acting on behalf of the trust company.

(Ga. L. 1935, p. 484, §§ 1, 2; Ga. L. 1953, Jan.-Feb. Sess., p. 108, §§ 1-3; Ga. L. 1965, p. 244, §§ 1, 2; Ga. L. 1966, p. 468, § 1; Code 1933, § 41A-1402, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1988, p. 1494, § 1; Ga. L. 1995, p. 673, § 15.)

Cross references.

- Substitution of parties to contract generally, § 13-4-20.

Impossibility as excuse for non-performance, § 13-4-21.

U.S. Code.

- The National Housing Act, referred to in paragraph (3) of this Code section, is codified generally as 12 U.S.C. § 1701 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 622.

C.J.S.

- 9 C.J.S., Banks and Banking, § 656.

ALR.

- Trust company's agreement to repay in cash principal of trust fund investment as ultra vires, 96 A.L.R. 453.

Dealings between bank or trust company and itself acting as executor, administrator, or trustee, 112 A.L.R. 780.


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