Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 51 - ARKANSAS TRUST INSTITUTIONS ACT (§§ 23-51-101 — 23-51-200) › Section 23-51-118 - Private trust company

(a)
A private trust company engaging in the trust business in this state shall comply with each and every provision of this chapter applicable to a trust company unless expressly exempted therefrom in writing by the Bank Commissioner pursuant to this section or by rule adopted by the commissioner.
(b)
A private trust company or proposed private trust company may request in writing that it be exempted from specified provisions of §§
23-51-105(11)
,
23-51-106(b)
,
23-51-107
,
23-51-110(a)
,
23-51-122
,
23-51-126(b), (c), and (d)
,
23-51-127
, and
23-51-128
. The commissioner may grant the exemption in whole or in part if the commissioner finds that the private trust company does not and will not transact business with the general public. For purposes of this section:
(1)
"Transact business with the general public" means any sales, solicitations, arrangements, agreements, or transactions to provide trust or other business services, whether or not for a fee, commission, or any other type of remuneration, with any client that is not a family member or a sole proprietorship, partnership, joint venture, association, trust, estate, business trust, or other company that is not one hundred percent (100%) owned by one or more family members;
(2)
"Family member" means any individual who is related within the fourth degree of affinity or consanguinity to an individual or individuals who control a private trust company or which is controlled by one (1) or more trusts or charitable organizations established by the individual or individuals; and
(3)
All individuals who control a private trust company or establish trusts or charitable organizations controlling the private trust company must be related within the second degree of affinity or consanguinity.
(c)
At the expense of the private trust company, the commissioner may examine or investigate the private trust company in connection with an application for exemption. Unless the application presents novel or unusual questions, the commissioner shall approve the application for exemption or set the application for hearing not later than sixty (60) days after the date the commissioner considers the application complete and accepted for filing. The commissioner may require the submission of additional information as considered necessary to an informed decision.
(d)
Any exemption granted under this section may be made subject to conditions or limitations imposed by the commissioner consistent with this chapter.
(e)
The commissioner may adopt rules defining other circumstances that do not constitute transaction of business with the public, specifying the provisions of this chapter that are subject to an exemption request, and establishing procedures and requirements for obtaining, maintaining, or revoking exempt status.
Amended by Act 2019, No. 315,§ 2575, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2574, eff. 7/24/2019.
Acts 1997, No. 940, § 18.