§ 19-3.1-6. Foreign banks and trust companies — Agent to receive process.
(a) No person shall exercise any of the powers conferred exclusively upon financial institutions,
except that a trust company duly organized under the laws of, and carrying on business
in, another state, or a national banking association located in another state, may
act as trustee under any written instrument in which it is named as trustee, or may
be appointed as trustee of any trust by any court of competent jurisdiction of this
state, or may be appointed by any probate court of this state as administrator, administrator
de bonis non, administrator with the will annexed, guardian of estates, or conservator,
or as executor of any will in which it is named as executor, if financial institutions
or national banking associations located in this state are permitted to act as trustee,
administrator, administrator de bonis non, administrator with the will annexed, guardian
of estates, conservator, or executor under similar conditions in the state where the
trust company is located. The trust company or national banking association located
in another state, as the case may be, shall execute and file in the office of the
director, or the director's designee, a written instrument appointing the director,
or the director's designee, in his or her name of office its true and lawful attorney
upon whom all writs and other legal process may be served in any legal proceeding
relating to its conduct as trustee, administrator, administrator de bonis non, administrator
with the will annexed, guardian, conservator, or executor or affecting any property
held by it under the trusts or the will or the appointment, with the same effect as
if it were located in this state and had been lawfully served with process.
(b) Upon obtaining the consent of the director, or the director's designee, a bank or
trust company duly organized under the laws of, and carrying on business in another
state, may establish a trust branch or branches within this state if the law of the
other state authorizes the bank or trust company to exercise trust powers; provided
that, in the case of an out-of-state bank or trust company, the law of the state in
which it is principally located authorizes under conditions not substantially more
restrictive than those imposed by the laws of this state, as determined by the director,
or the director's designee, a financial institution to establish a trust branch in
that state. The director, or the director's designee, shall approve an application
for a trust branch if the applicant has satisfied the standards and followed the procedures
set forth in this title for the establishment of branches for financial institutions
in addition to the requirements of this subsection. The bank or trust company located
in another state shall execute and file in the office of the director, or the director's
designee, a written instrument appointing the director, or the director's designee,
in his or her name of office its true and lawful attorney upon whom all writs and
other legal process may be served in any legal proceeding relating to trust activities
conducted in this state.