13 sections in this chapter.
W. Va. Code § 31I-1-1 Short title
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This article may be cited as the "Private Trust Company Act".
W. Va. Code § 31I-1-10 Minimum trust assets under management certification
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As part of the notice to the State Auditor required of any private trust company or licensed private trust company that is required under §31I-1-4 of this code, an affidavit must also be submitted by the applicant, signed under penalty of perjury, certifying that the private trus…
W. Va. Code § 31I-1-11 Unlawful to advertise services
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A private trust company or licensed private trust company may not advertise its services to the public.
W. Va. Code § 31I-1-12 Fidelity bonds; insurance
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(a) The directors or managers of a licensed private trust company shall procure and maintain fidelity bonds on all active officers, directors, managers, members acting in a managerial capacity, and employees of the company, regardless of whether they receive a salary or other com…
W. Va. Code § 31I-1-13 Rule-making authority by State Auditor
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The State Auditor shall promulgate emergency rules pursuant to the provisions of §29A-3-15 of this code and may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article.
W. Va. Code § 31I-1-2 Purposes; findings
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(a) The purpose of the article is to establish requirements for licensing private trust companies, to regulate persons who provide fiduciary services to family members of no more than three families and their related interests as a private trust company, and to establish the degr…
W. Va. Code § 31I-1-3 Definitions
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As used in this article, unless the context requires a different meaning: (1) "Applicant" means the corporation or limited liability company on whose behalf an application for a license to operate as a licensed private trust company is submitted under §31I-1-4(e) of this code. (2…
W. Va. Code § 31I-1-4 Organization; minimum capital requirements; notice to State Auditor; control; application for license
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(a) No person other than a corporation or limited liability company organized under the laws of this state to engage exclusively in the private trust business shall act as a private trust company or licensed private trust company. (b) A licensed private trust company that has one…
W. Va. Code § 31I-1-5 Operation and powers
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Every private trust company and licensed private trust company shall conduct its business in accordance with an operating plan and in accordance with generally accepted fiduciary standards. A private trust company or licensed private trust company when engaging in a private trust…
W. Va. Code § 31I-1-6 Reacquisition of shares or interests; dividends
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A private trust company or licensed private trust company shall not buy, redeem, or otherwise reacquire shares of stock or membership interests that the private trust company or licensed private trust company has issued, or declare a dividend or other distribution to its stockhol…
W. Va. Code § 31I-1-7 Offices
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(a) The office at which a private trust company or licensed private trust company begins business shall be designated initially as its principal office. The board of directors or managers of a private trust company or licensed private trust company may thereafter redesignate as t…
W. Va. Code § 31I-1-8 Directors or managers
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The affairs of every private trust company or licensed private trust company shall be directed by a board of directors if a corporation, or managers if a limited liability company, consisting of not less than five nor more than 25 persons. At least one director or manager shall b…
W. Va. Code § 31I-1-9 Limitation on powers
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(a) In the exercise of any power held by a private trust company or licensed private trust company in its capacity as a fiduciary, the private trust company or licensed private trust company shall have a duty not to exercise any power in such a way as to deprive the estate, trust…