Title 7 Chapter 5 Section 11

Financial Institutions Act
Trust Business
Section 11
Self-dealing with trust property -- Own stock as trust property -- Policies for dealing with trust securities.

            

7-5-11.   Self-dealing with trust property -- Own stock as trust property -- Policies for dealing with trust securities.

            (1) Except as provided in Section 7-5-7, in Title 75, or as authorized under the instrument creating the relationship, a trust company may not invest funds held as an agent or fiduciary in stock or obligations of, or with such funds acquire property from, the trust company or any of its directors, officers or employees, nor shall a trust company sell property held as an agent or fiduciary to the company or to any of its directors, officers, or employees.

            (2) A trust company may retain and vote stock of the trust company or of any of its affiliates received by it as assets of any trust account or in any other fiduciary relationship of which it is appointed agent or fiduciary, unless the instrument creating the relationship otherwise provides.

            (3) Every trust company shall adopt written policies and procedures regarding decisions or recommendations to purchase or sell any security to facilitate compliance with federal and state securities laws. These policies and procedures, in particular, shall prohibit the trust company from using material inside information in connection with any decision or recommendation to purchase or sell any security.


Amended by Chapter 378, 2010 General Session