Satisfaction of Fiduciary Obligations Respecting Investment of Funds Awaiting Investment or Distribution and Charging of Fees

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Banks and Trust Companies
  6. Powers of Trust Companies
  7. Satisfaction of Fiduciary Obligations Respecting Investment of Funds Awaiting Investment or Distribution and Charging of Fees

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  1. A trust company complying with this Code section will be deemed to have satisfied its fiduciary obligations and duties with respect to:
    1. The investment of fiduciary funds awaiting investment or distribution;
    2. The charging of fees in connection therewith; and
    3. The disclosure of policies, procedures, and fees in connection therewith.
  2. A trust company may invest fiduciary funds awaiting investment or distribution in short-term, trust-quality investment vehicles, through the medium of a collective investment fund or otherwise. A trust company may also place fiduciary funds awaiting investment or distribution in deposits of the commercial department of such trust company, in the case of a trust company which is also a bank, or in deposits of an affiliate bank; provided, however, that the rate of interest paid on such deposits shall be at least equal to the rate paid by such department or affiliate bank on deposits of similar terms and amounts. A fiduciary shall have complied with this Code section if cash awaiting investment or distribution in excess of $1,000.00 is invested or deposited within 30 days of receipt or accumulation thereof. The provisions of this subsection shall apply notwithstanding any other law or rule restricting or limiting the investments of fiduciaries.
  3. In addition to any other compensation to which it may be entitled, a trust company may, without necessity of obtaining the approval of any person or court, charge a reasonable fee for the temporary investment of fiduciary funds awaiting investment or distribution, which fee may be calculated upon the amount of such funds actually invested and upon the income produced thereby.
  4. A trust company shall have complied with its duty to disclose fees and practices in connection with the investment of fiduciary funds awaiting investment or distribution if the trust company's periodic statements set forth the trust company's practice and method of computing fees.
  5. This Code section shall be construed as a codification of existing law concerning the fiduciary duties of trust companies and not as a change in such law.

(Code 1981, §7-1-315, enacted by Ga. L. 1988, p. 1494, § 2.)


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