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Session Laws, 1945
Volume 589, Page 211   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 211

(d) The Plan shall contain full and detailed provisions, not
Inconsistent with the provisions of this Act, as to the manner in
which the common trust fund is to be operated, the investment
powers with respect to the common trust fund, the terms and
conditions governing the admission or withdrawal of invest-
ments or participations in the common trust fund, the auditing
and settlement of accounts of the trust company with respect
to the common trust fund, the basis and method of valuing
assets in the common trust fund, the basis upon which the
common trust fund may be terminated, and such other matters
as may be necessary to define clearly the rights of participants
in the common trust fund and the rights and duties of the
trustee thereof.

(e) The provisions of the Plan shall control all participa-
tions therein and the rights and benefits of all persons in-
terested in such participations as beneficiaries or otherwise,
notwithstanding the provisions of law that may be applicable
to any participating fiduciary account.

(f) The Plan may be prospectively altered from time to
time by written amendments approved by resolution of the
board of directors of the trust company.

(g) A copy of the Plan and any amendments made thereto
from time to time shall be filed with the Bank Commissioner as
a matter of public record, and a copy shall also be held avail-
able at the principal office of the trust company for inspection
during all regular business hours by any cofiduciary or any
other person having an interest in a participation in the com-
mon trust fund, and upon reasonable request a copy of the Plan
and amendments shall be furnished such cofiduciary or other
interested person.

(6) The funds and assets of a common trust fund may be
invested and reinvested in any investments in which a person
acting in a trust or fiduciary capacity, and who is not limited
or restricted by stipulated investment specifications or limita-
tions, may invest fiduciary funds from time to time under the
laws of this State.

(7) The trust company shall designate clearly upon its re-
cords the names of the fiduciary accounts on behalf of which it,
as fiduciary or cofiduciary, owns a participation in the common
trust fund, and the extent of the interest of such fiduciary ac-
counts therein.

(8) A certificate of participation may, in the discretion of
the trust company operating the fund, be issued for each in-
vestment or participation in a common trust fund; but no such
certificate shall be issued in any form which purports to be
negotiable or assignable. Whether or not any certificate of
participation be so issued, any statement by the trust company
under oath of an appropriate officer thereof as to the existence,

 

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Session Laws, 1945
Volume 589, Page 211   View pdf image (33K)
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