Section 06.26.200. Private trust companies.

   (a) Unless the department expressly in writing exempts the person under this section from all or some of the provisions of this chapter, a private trust company shall comply with the provisions of this chapter applicable to a trust company.
   (b) A person may apply in writing for an exemption from specific provisions of this chapter. The department may grant the exemption, in whole or in part, if the department finds that the person qualifies under (c) of this section and does not and will not offer fiduciary services to the general public.
   (c) To qualify as a private trust company, a person shall be a corporation organized under AS 10.06, a limited liability company organized under AS 10.50, or a limited partnership formed under AS 32.11, and the person's
        (1) articles of incorporation, articles of organization, or partnership agreement must prohibit the person from acting as a fiduciary of a trust, except for a trust created during the lifetime or upon the death of
             (A) one named individual;
             (B) a child, grandchild, or greatgrandchild of the individual identified in (A) of this paragraph, but not including a stepchild, stepgrandchild, or stepgreatgrandchild;
             (C) a spouse or former spouse, including a person divorced from the individual, of an individual identified in (A) and (B) of this paragraph; and
        (2) headquarters must be located in this state, or the person must have in force a contract with a qualified entity to represent the person on an exclusive or nonexclusive basis in this state, including maintaining a set of records for each trust for which the person acts as a fiduciary and receiving legal process on behalf of the person; in this paragraph, "qualified entity" has the meaning given to "qualified person" in AS 13.36.390(3)(B) and (C).
   (d) At the expense of the applicant, the department may examine or investigate the applicant in connection with an application for an exemption under this section. Unless the application presents novel or unusual questions, the department shall approve or deny the application for exemption not later than the 61st day after the date that the department considers the application complete and accepted for filing. If the application presents novel or unusual questions, the department may extend the time for approving or denying the application. The department may require the applicant to submit additional information the department considers necessary to make an informed decision.
   (e) The department may make an exemption under this section subject to conditions or limitations imposed by the department that are consistent with this chapter.
   (f) The department may adopt regulations that are consistent with this chapter defining the activities that do not constitute providing or offering fiduciary services to the general public, specifying the provisions of this chapter that are subject to an exemption under this section, and establishing procedures and requirements for obtaining, maintaining, or revoking an exemption granted under this section.

Authorities

6.26.010; 6.26.210; 6.26.220; 6.26.230; 6.26.240; 6.26.245; 6.26.910; 6.26.990; 8.26.180

Notes

Implemented As

3 AAC 04.010

References

3 AAC 04.010
AS 6.26.010 .010">Sec. 06.26.010. Persons authorized to act as fiduciaries.
AS 6.26.210 .210">Sec. 06.26.210. Requirements to apply for and maintain status as a private trust company.
AS 6.26.220 .220">Sec. 06.26.220. Transfer of control.
AS 6.26.230 .230">Sec. 06.26.230. Revocation of exemption.
AS 6.26.240 .240">Sec. 06.26.240. Conversion to trust company.
AS 6.26.245 .245">Sec. 06.26.245. Trust company authority.
AS 6.26.910 .910">Sec. 06.26.910. Appeals.
AS 6.26.990 .990">Sec. 06.26.990. Definitions.
AS 8.26.180 .180">Sec. 08.26.180. Exemption.

History

(Sec. 2 ch 77 SLA 2002)