12 C.F.R. PART 550--FIDUCIARY POWERS OF SAVINGS ASSOCIATIONS
TITLE 12--Banks and Banking
CHAPTER V--OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY
PART 550--FIDUCIARY POWERS OF SAVINGS ASSOCIATIONS
|
|
| What regulations govern the fiduciary operations of savings associations?
|
|
|
|
| What are fiduciary powers?
|
|
|
|
| What fiduciary capacities does this part cover?
|
|
|
|
| When do I have investment discretion?
|
|
|
|
| What is a fiduciary account?
|
|
|
|
| What other definitions apply to this part?
|
|
Subpart A--OBTAINING FIDUCIARY POWERS
|
|
| Must I obtain OTS approval or file a notice before I exercise fiduciary powers?
|
|
|
|
| How do I obtain OTS approval?
|
|
|
|
| What information must I include in my application?
|
|
|
|
| What factors may the OTS consider in its review of my application?
|
|
|
|
| Who will act on my application?
|
|
|
|
| What action will the OTS take on my application?
|
|
|
|
| How do I file the notice under 550.70(c)?
|
|
Subpart B--EXERCISING FIDUCIARY POWERS
|
|
| How may I conduct multi-state operations?
|
|
|
|
| How do I determine which State's laws apply to my operations?
|
|
|
|
| To what extent do State laws apply to my fiduciary operations?
|
|
|
|
| Must I adopt and follow written policies and procedures in exercising fiduciary powers?
|
|
|
|
| Who is responsible for the exercise of fiduciary powers?
|
|
|
|
| What personnel and facilities may I use to perform fiduciary services?
|
|
|
|
| May my other departments or affiliates use fiduciary personnel and facilities to perform other services?
|
|
|
|
| May I perform fiduciary services for, or purchase fiduciary services from, another association or entity?
|
|
|
|
| Must fiduciary officers and employees be bonded?
|
|
|
|
| Must I review a prospective account before I accept it?
|
|
|
|
| Must I conduct another review of an account after I accept it?
|
|
|
|
| Are any other account reviews required?
|
|
|
|
| Who must maintain custody or control of assets in a fiduciary account?
|
|
|
|
| May I hold investments of a fiduciary account off-premises?
|
|
|
|
| Must I keep fiduciary assets separate from other assets?
|
|
|
|
| How may I invest funds of a fiduciary account?
|
|
|
|
| What must I do with fiduciary funds awaiting investment or distribution?
|
|
|
|
| Where may I deposit fiduciary funds awaiting investment or distribution?
|
|
|
|
| What if the FDIC does not insure the deposits?
|
|
|
|
| What is acceptable collateral for uninsured deposits?
|
|
|
|
| Are there investments in which I may not invest funds of a fiduciary account?
|
|
|
|
| May I exercise rights to purchase additional stock or fractional shares of my stock or obligations or the stock or obligations of my affiliates?
|
|
|
|
| May I lend, sell, or transfer assets of a fiduciary account if I have an interest in the transaction?
|
|
|
|
| May I make a loan to a fiduciary account that is secured by an interest in the assets of the account?
|
|
|
|
| May I sell assets or lend money between fiduciary accounts?
|
|
|
|
| May I earn compensation for acting in a fiduciary capacity?
|
|
|
|
| May my officer or employee retain compensation for acting as a co-fiduciary?
|
|
|
|
| May my fiduciary officer or employee accept a gift or bequest?
|
|
|
|
| What records must I keep?
|
|
|
|
| How long must I keep these records?
|
|
|
|
| Must I keep fiduciary records separate and distinct from other records?
|
|
|
|
| When do I have to audit my fiduciary activities?
|
|
|
|
| What standards govern the conduct of the audit?
|
|
|
|
| Who may conduct an audit?
|
|
|
|
| Who directs the conduct of the audit?
|
|
|
|
| How do I report the results of the audit?
|
|
Subpart C--DEPOSITING SECURITIES WITH STATE AUTHORITIES
|
|
| When must I deposit securities with State authorities?
|
|
|
|
| How much must I deposit if I administer fiduciary assets in more than one State?
|
|
|
|
| What must I do if State authorities refuse my deposit?
|
|
Subpart D--TERMINATING FIDUCIARY ACTIVITIES
|
|
| What happens if I am placed in receivership or voluntary liquidation?
|
|
|
|
| How do I surrender fiduciary powers?
|
|
|
|
| When will the OTS terminate my fiduciary powers?
|
|
|
|
| May I recover my deposit from State authorities?
|
|
|
|
| When may the OTS revoke my fiduciary powers?
|
|
|
|
| What procedures govern the revocation?
|
|
Subpart E--ACTIVITIES EXEMPT FROM THIS PART
|
|
| When may I conduct fiduciary activities without obtaining OTS approval?
|
|
|
|
| What standards must I observe when acting in exempt fiduciary capacities?
|
|
|
|
| How may funds be invested when I act in an exempt fiduciary capacity?
|
|
|
|
| What disclosures must I make when acting in exempt fiduciary capacities?
|
|
|
|
| May I receive compensation for acting in exempt fiduciary capacities?
|
|