Code of Virginia - Title 6.1 Banking And Finance - Section 6.1-32.30:2 Organization; minimum capital; notice to Bureau of Financial Institutions; control

§ 6.1-32.30:2. Organization; minimum capital; notice to Bureau of Financial Institutions; control

A. No person other than a corporation or limited liability company organized under the laws of this Commonwealth to engage exclusively in the private trust business shall act as a private trust company.

B. No person may act as a private trust company unless and until family members have subscribed for capital stock or interests, surplus and a reserve for operation in an amount equal to or in excess of $500,000.

C. No person shall engage in business as a private trust company without first giving written notice to the Commission's Bureau of Financial Institutions. The notice shall identify (i) the designated relative whose relationship to other individuals determines whether the individuals are family members and (ii) the location of the principal office and additional office, if any, within the Commonwealth. The notice shall be accompanied by an operating plan and such other books, records, documents, or information as the Commissioner of Financial Institutions may require. The notice shall also certify that (a) all provisions of law have been complied with; (b) the private trust company is formed for no other reason than to engage in the private trust business; and (c) family members have subscribed for capital stock, surplus and a reserve for operation in an amount equal to or in excess of $500,000.

D. All of the capital stock, membership interests, or other equity interests of a private trust company shall be and shall remain owned by, and under the voting control of, family members, including any spouses, trusts, stock corporations, limited partnerships, limited liability companies or estates qualifying under subdivisions 2, 3, 4 or 5 of the definition of "family member" set forth in § 6.1-32.30:1, of one or more families.

(2003, c. 910.)

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Last modified: April 16, 2009