Title 30B — Title 30B WASHINGTON TRUST INSTITUTIONS ACT
14 chapters · 156 sections in this title.
RCW 30B.44A.060 Procedures for voluntary liquidation.
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Except as set forth in this chapter to the contrary, the procedures for voluntary liquidation of a state trust company shall be consistent with Title 23B RCW, if the state trust company is a corporation, and chapter 25.15 RCW, if the state trust company is a limited liability com…
RCW 30B.44A.070 Naming of successor trustee upon dissolution of state trust company—Contingency for director as statutory custodian.
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(1) In the event of a voluntary dissolution of a trust company pursuant to this chapter, the provisions of RCW 11.98.039 (1), (2), and (3) shall apply, if applicable, to the selection of a successor trustee, subject to the director's option to approve a successor trustee as part …
RCW 30B.44A.080 Cancellation of state trust company's certificate of authority.
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Whenever voluntary liquidation is approved by the director or the sale and transfer of the assets of any state trust company is approved by the director pursuant to this chapter, a certified copy of such approval, filed in the office of the secretary of state, shall authorize the…
RCW 30B.44B.005 When director may take possession.
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(1) After the expiration of thirty days from the director's written notice to correct an unsafe condition of the state trust company, the director may take possession of the business and property of a state trust company to which this title is applicable whenever it appears that …
RCW 30B.44B.010 Mutual consent to dissolution and liquidation.
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If the director consents, any state trust company may voluntarily place its assets and business under the control of the director for liquidation by a resolution of a majority of its directors or members upon notice to the director. Upon taking possession of the state trust compa…
RCW 30B.44B.030 Possession of trust assets and company assets and property with the director—Bar against attachment proceedings.
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The taking of possession of any state trust company by the director pursuant to RCW 30B.44B.005 or 30B.44B.010 is sufficient to place all of the state trust company's fiduciary assets in the custody of the director and all of the nonfiduciary assets and property of every nature i…
RCW 30B.44B.040 Director's right to take possession may be contested.
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(1) Within ten days after the director takes possession of a state trust company pursuant to RCW 30B.44B.005, the state trust company may serve a notice upon the director to appear before the superior court of the county where the headquarters of the state trust company is locate…
RCW 30B.44B.050 Powers and duties of director—Prohibition against liens.
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(1) Upon issuance of an order taking possession of a state trust company pursuant to RCW 30B.44B.005 or 30B.44B.010, the director must:(a) Take custody of the assets of the state trust company and preserve, administer, and liquidate the business and assets of the state trust comp…
RCW 30B.44B.060 Notice to creditors—Claims.
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(1) The director shall publish on the department's public website and also once a week for four consecutive weeks in a newspaper of general circulation, which the director shall select, a notice requiring all persons having claims against the dissolved state trust company to make…
RCW 30B.44B.070 Executory contract or unexpired lease—Permitted actions by director.
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Upon issuance of an order taking possession of a state trust company, the director may assume or reject any executory contract or unexpired lease of the state trust company upon written notice to the parties to such contract.[ 2019 c 389 s 68.]
RCW 30B.44B.080 Inventory—List of claims.
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(1) Upon taking possession of the dissolved state trust company, the director shall make an inventory of the nonfiduciary assets in duplicate, filing one with the department and one in the office of the superior court clerk.(2) Upon the expiration of the time fixed for the presen…
RCW 30B.44B.090 Objections to approved claims.
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Objection may be made by any interested person to any claim approved by the director, which objection shall be determined by the superior court upon notice to the claimant and objector as the superior court shall prescribe.[ 2019 c 389 s 70.]
RCW 30B.44B.100 Temporary receiver—Prohibited except in emergency.
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(1) A receiver shall not be appointed by any court for any state trust company, nor shall any assignment of any state trust company for the benefit of creditors be valid, except that, in addition to the director's authority to take possession of a state trust company pursuant to …
RCW 30B.44B.110 Preferences prohibited—Penalty.
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(1) Any transfer of its property or assets by a state trust company, made (a) in contemplation of insolvency or after it shall have become insolvent, (b) within ninety days before the date the director takes possession of such state trust company, and (c) with a view to the prefe…
RCW 30B.44B.120 Expense of liquidation—Priority for director's expenses.
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(1) All expenses incurred by the director in taking possession, administering, and resolving any state trust company dissolved pursuant to this chapter, including the expenses of assistants or agents and reasonable fees for any attorney who may be employed in connection with such…
RCW 30B.44B.130 Liquidation after claims are paid.
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When all proper claims of creditors, excluding shareholders, have been paid, as well as all expenses of administration and liquidation, and proper provision has been made for unclaimed or unpaid property and dividends, and assets still remain in the director's possession, the dir…
RCW 30B.44B.140 Disposition of unclaimed personal property.
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(1) If, at the conclusion of the liquidation of a state trust company, there remains unclaimed personal property, other than monetary deposit accounts, which had previously been left with it for safekeeping, including unclaimed trust assets, such property shall be inventoried by …
RCW 30B.44B.150 Disposition of unclaimed personal property—Final notice—Sale.
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(1) After the expiration of one year from the time of giving notice under RCW 30B.44B.140(3), the director shall issue and serve by mail a final notice stating that one year has elapsed since the sending of the notice referred to in RCW 30B.44B.140(3), and that the director will …
RCW 30B.44B.160 Disposition of unclaimed personal property—Monetary funds.
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(1) Any monetary funds, including funds obtained from sale of personal property at auction pursuant to this section, remaining unclaimed and unpaid in the possession of the director for six months after the superior court's order of final distribution, shall be deposited by the d…
RCW 30B.44B.170 Destruction of records after liquidation.
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(1) Where any records of the state trust company have been taken over and are in the possession of the director in connection with the involuntary liquidation of a state trust company, the director may, in his or her discretion at any time after an order of final liquidation, or …
RCW 30B.44B.180 Reopening—Conditions.
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(1) Notwithstanding any other provision of this chapter, the director may, at any time within ninety days after taking possession of a state trust company under RCW 30B.44B.005 or 30B.44B.010, permit such state trust company to reopen upon such terms and conditions as the directo…
RCW 30B.46.003 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Corrective action measures" refers collectively to supervisory agreements, memoranda of understanding, supervisory directives, corrective action orders, and orders of …
RCW 30B.46.020 Scope of chapter—Corrective action measures.
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(1) The purpose of this chapter is to provide expeditious methods for the department to exercise proper supervision over the safety and soundness of state trust companies in the interest of Washington state's fiduciary industry and the general public. To that end, this chapter pr…
RCW 30B.46.030 Supervisory directive.
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(1) If, upon examination or investigation, or at any other time, it appears to the director that a state trust company is in an unsafe condition and its condition is such as to render the continuance of its business, without the director's supervisory directive, harmful to the pu…
RCW 30B.46.040 Supervisory directive or corrective action order—Appointment of representative.
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During the period of a supervisory directive or corrective action order, the director may appoint a representative to supervise the state trust company.[ 2019 c 389 s 83.]
RCW 30B.46.050 Supervisory directive or corrective action order—Restrictions on operations—Other requirements.
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A supervisory directive or corrective action order may provide that the state trust company not do any of the following during the period of supervisory direction, without the prior approval of the director or the appointed representative:(1) Dispose of, convey, or encumber any o…
RCW 30B.46.060 Supervisory directive or corrective action order—Conservator.
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(1) If the director determines that a state trust company has failed to comply with the lawful requirements imposed by such supervisory directive or corrective action order, the director may by order, with or without consent of the state trust company, appoint a conservator for t…
RCW 30B.46.070 Costs as charge against assets.
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(1) All costs incident to supervisory direction and the conservatorship shall be fixed and determined by the director and shall be a charge against the assets of the state trust company to be allowed and paid as the director may determine.(2) A member of the board of directors of…
RCW 30B.46.080 Request for review of action—Stay of action—Orders subject to review.
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(1) During the period of the supervisory direction or period of conservatorship, as applicable, the state trust company may request the director to review an action taken or proposed to be taken by a representative under a supervisory directive or by the conservator, specifying t…
RCW 30B.46.090 Suit against state trust company or conservator—Where brought—Suit by conservator.
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(1) A suit filed against a state trust company or its conservator, after the issuance of an order by the director placing such state trust company in conservatorship and while such order is in effect, shall be brought in the superior court of Thurston county and not elsewhere.(2)…
RCW 30B.46.100 Duration of conservator's term—Rehabilitated state trust company—Management.
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(1) The conservator shall serve for such time as is necessary to accomplish the purposes of the conservatorship as intended by this chapter.(2) If rehabilitated, the rehabilitated state trust company shall be returned to preexisting management or new management under such conditi…
RCW 30B.46.110 Plenary authority of director—Flexibility in use of remedies.
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(1) If the director determines to act under authority of this chapter, the sequence of his or her acts and proceedings shall be as set forth in this chapter.(2) However, the director may, in the exercise of broad administrative discretion, proceed in lieu of this chapter and purs…
RCW 30B.46.120 Rules.
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The director is empowered to adopt and promulgate such rules as may be further necessary, if at all, for the implementation of this chapter and its purposes.[ 2019 c 389 s 91.]
RCW 30B.53.002 Applicability of chapter.
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This chapter applies to any merger or change of control in which a state trust company is a party.[ 2019 c 389 s 92; 2014 c 37 s 387.]
RCW 30B.53.005 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Acquiring person" means a person acquiring or seeking to acquire control of a state trust company, directly or indirectly.(2) "Control," "controls," "controlled," and…
RCW 30B.53.010 Approval by director—Required.
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Upon approval by the director consistent with this chapter, merging trust companies, one of which is a state trust company, may be merged to result in a resulting trust company.[ 2019 c 389 s 96; 2014 c 37 s 389.]
RCW 30B.53.020 Contents of merger agreement—Approval by each board of directors—Requirements for director's approval.
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(1) The board of directors of each merging trust company shall, by a majority of the entire board, approve a merger agreement that must contain:(a) The name of each merging trust company and location of each office;(b) With respect to the resulting trust company, (i) the name and…
RCW 30B.53.030 Approval by shareholders—Voting—Notice.
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(1) To be effective, a merger that is to result in a trust company must be approved by the shareholders of each merging trust company by a vote of two-thirds of the outstanding voting shares of each class at a meeting called to consider such action. This vote shall constitute the…
RCW 30B.53.040 Effective date of merger—Certificate of merger.
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(1) A merger that is to result in a trust company shall, unless a later date is specified in the agreement, become effective after the filing with and upon the approval of the director of the executed agreement together with copies of the resolutions of the shareholders of each m…
RCW 30B.53.050 Resulting trust company—Property, rights, powers, and duties.
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(1) A resulting trust company is the same business and corporate entity as each merging trust company with all property, rights, powers, and duties of each merging trust company, except as affected by state law and by the charter and bylaws of the resulting trust company. A resul…
RCW 30B.53.060 Dissenting shareholders—May receive value in cash—Appraisal.
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(1) The owner of shares of a trust company that were voted against a merger to result in a trust company shall be entitled to receive their value in cash, if and when the merger becomes effective, upon written demand made to the resulting trust company at any time within thirty d…
RCW 30B.53.070 Valuation of assets—Books of merging trust company.
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Without approval by the director, no asset shall be carried on the books of the resulting trust company at a valuation higher than that on the books of the merging trust company at the time of its last examination by a state trust examiner before the effective date of the merger …
RCW 30B.53.080 Sale of assets.
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(1) The board of a state trust company, with the director's approval, may cause a state trust company to sell all or substantially all of its assets, including the right to control accounts established with the trust company, without shareholder or participant approval if the dir…
RCW 30B.53.090 Acquisition of control of state trust company—Notice and application—Registration statement—Violations—Penalties.
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(1) An acquiring person shall not acquire control of a state trust company until thirty days after filing with the director a written notice of and application for change of control containing the following information, plus any additional information that the director may prescr…
RCW 30B.53.100 Acquisition of control of state trust company—Disapproval by director—Change of officers.
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(1) The director may disapprove the acquisition of a state trust company within thirty days after the filing of a complete application pursuant to RCW 30B.53.090 or an extended period not exceeding an additional fifteen days if:(a) The poor financial condition of any acquiring pe…
RCW 30B.64.005 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply to the provisions of this chapter.(1) "Change of control" means to transfer or sell control of a private trust or private trust company to a person or persons other than family members.(2) "Commo…
RCW 30B.64.010 Private trusts and private trust companies exempt—Exception for change of control.
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(1) A private trust or private trust company is exempt from the requirement of a certificate of authority or regulation under this title.(2) Notwithstanding subsection (1) of this section, a transfer or change of control of a private trust or private trust company to a person or …
RCW 30B.64.020 Conversion to public trust company.
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A private trust or private trust company which seeks to convert to one transacting business with the general public in this state must apply for and obtain a certificate of authority as a state trust company under chapter 30B.08 RCW or a federal charter or charter from another st…
RCW 30B.64.030 Other exemptions not affected by chapter.
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The provisions of this chapter do not affect the exemptions for persons acting pursuant to RCW 30B.04.040.[ 2014 c 37 s 400.]
RCW 30B.72.005 Trust companies under former Title 30 RCW.
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Trust companies under Title 30 RCW, as it existed on January 5, 2015, shall automatically succeed to and be subject to all powers and authorities, rights and obligations, privileges and immunities, and discretions of a state trust company under this title.[ 2014 c 37 s 401.]