§ 28-14-1-8 — "The trust business"

Indiana § 28-14-1-8

• Jurisdiction: Indiana
• Art. 14: CORPORATE FIDUCIARIES
• Ch. 1: Definitions

Text

(a) Engaging in "the trust business" means:
(1) acting as a fiduciary for hire as one's primary business
purpose; or
(2) holding oneself out to the public as being willing to act as a
fiduciary for hire as one's primary business purpose.
(b) Notwithstanding subsection (a), the following persons are not
engaged in the trust business with respect to fiduciary services
customarily performed by the following persons for compensation as
traditionally incident to their regular business activities:
(1) Accountants.
(2) Attorneys.
(3) Banks.
(4) Credit unions.
(5) Industrial loan companies.
(6) Insurance brokers.
(7) Insurance companies.
(8) Investment advisers.
(9) National trust companies organized under the laws of the
United States.
(10) Real estate brokers and sales agents.
(11) Savings and loan associations.
(12) Savings banks.
(13) Securities brokers and dealers.
(14) Real estate title insurance companies.
(15) Real estate escrow companies.
(16) Persons acting in a fiduciary capacity in activities relating to:
(A) a business organization in which the person is an officer or
an employee; or
(B) an estate where the person is designated as a fiduciary by a
will or a court order.
(17) Third-party administrators hired by trustees of split-interest
charitable trusts, private foundations, charitable pooled income
funds, charitable gift annuities, employee benefit plans, or
retirement plans.
(c) Notwithstanding subsection (a), any individual or any
organization described in Section 501 of the Internal Revenue Code is
not engaged in the trust business for the purposes of this article.
(d) The department may determine that a person not specifically
provided for under subsection (b) or (c) is not engaged in the trust
business for the purposes of this article.

Legislative History

As added by P.L.262-1995, SEC.90.