Register December 2012 No. 684
Chapter DFI-SB 17
TRUST POWERS
DFI-SB 17.01 Definitions.
DFI-SB 17.02 Special permit.
DFI-SB 17.03 Filing applications.
DFI-SB 17.04 Administration of trust powers.
DFI-SB 17.05 Books and accounts.
DFI-SB 17.06 Audit of trust department.
DFI-SB 17.07 Segregation of assets; prohibited deposits.
DFI-SB 17.08 Funds awaiting investment or distribution.
DFI-SB 17.09 Investment of funds held as fiduciary.
DFI-SB 17.10 Self-dealing.
DFI-SB 17.11 Custody of investments.
DFI-SB 17.12 Compensation of savings bank.
DFI-SB 17.13 Collective investment.
DFI-SB 17.14 Common trust funds.
DFI-SB 17.15 Indemnity fund.
DFI-SB 17.16 Surrender of trust powers.
DFI-SB 17.17 Effect of trust accounts of appointment of conservator or receiver or voluntary dissolution of savings bank.
DFI-SB 17.18 Revocation of trust powers.
Ch. DFI-SB 17 Note
Note: Chapter SB 17 was renumbered ch. DFI-SB 17 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, November, 1997, No. 503.
DFI-SB 17.01(1)
(1) “Account" means the trust, estate or other fiduciary relationship which has been established with a savings bank.
DFI-SB 17.01(2)
(2) “Custodian under a uniform transfers to minors act" means an account established under ss.
54.854 to
54.898, Stats., or a substantially similar law of another state, and with respect to which the savings bank operating the account has established to the satisfaction of the division that it has duties and responsibilities similar to the duties and responsibilities of a trustee or guardian.
DFI-SB 17.01(3)
(3) “Fiduciary" means a savings bank undertaking to act alone, through an affiliate, or jointly with others primarily for the benefit of another in all matters connected with its undertaking and includes but is not limited to trustee, executor, administrator, personal representative, guardian, receiver, managing agent, registrar of stocks and bonds, escrow agent, transfer agent, paying agent, trustee of employee pension, welfare and profit-sharing trusts, or any other similar capacity.
DFI-SB 17.01(4)
(4) “Fiduciary records" means all matters which are written, transcribed, recorded, received or otherwise come into the possession of a savings bank and are necessary to preserve information concerning the actions and events relevant to the fiduciary activities of a savings bank.
DFI-SB 17.01(5)
(5) “Guardian" means the guardian, conservator, or committee by whatever name employed by local law of the estate of an infant, an incompetent individual, an absent individual, or a competent individual over whose estate a court has taken jurisdiction, other than under bankruptcy or insolvency laws. “Guardian" includes, but is not limited to, a guardian or conservator appointed by a court under
ch. 54, Stats.
DFI-SB 17.01(6)
(6) “Investment authority" means the responsibility conferred by action of law or a provision of an appropriate governing instrument to make, select or change investments, to review investment decisions made by others, or to provide investment advice or counsel to others.
DFI-SB 17.01(7)
(7) “Local law" means the law of the state or other jurisdiction governing the fiduciary relationship.
DFI-SB 17.01(8)
(8) “Managing agent" means the fiduciary relationship assumed by a savings bank upon the creation of an account which names the savings bank as agent and confers investment discretion upon the savings bank.
DFI-SB 17.01(10)
(10) “State chartered corporate fiduciary" means any state bank, trust company, savings and loan association or other corporation which comes into competition with savings banks and is permitted to act in a fiduciary capacity under the laws of this state.
DFI-SB 17.01(11)
(11) “Trust department" means that group of officers and employees of a savings bank or of an affiliate of a savings bank to whom are assigned the performance of fiduciary services by the savings bank.
DFI-SB 17.01(12)
(12) “Trust powers" means the power to act in any fiduciary capacity.
DFI-SB 17.01 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94;
correction in (2) and (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684. DFI-SB 17.02
DFI-SB 17.02 Special permit. The division may, on application, grant a special permit to a savings bank or affiliate of a savings bank to exercise trust powers. The division shall review and make a determination on the application within 30 business days of its receipt. Except as permitted under s.
214.04 (10) and
(22), Stats., no savings bank may exercise trust powers without obtaining the permit.
DFI-SB 17.02 Note
Note: This section interprets or implements ss.
214.03 and
214.04, Stats.
DFI-SB 17.02 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.03(1)
(1)
Application. An application filed under
s. DFI-SB 17.02 shall indicate the trust services the savings bank wishes to offer and provide the information necessary to make the determinations under
sub. (2).
DFI-SB 17.03(2)
(2) Factors considered. Factors the division will consider in acting upon an application to exercise trust powers include, but are not limited to, the following:
DFI-SB 17.03(2)(a)
(a) The financial condition of the savings bank, except trust powers may not be granted to a savings bank if its financial condition is such that the savings bank does not meet the financial standards required of state chartered corporate fiduciaries;
DFI-SB 17.03(2)(b)
(b) The needs of the community for fiduciary services and the probable volume of fiduciary business available to the savings bank.
DFI-SB 17.03(2)(c)
(c) The general character and ability of the management of the savings bank;
DFI-SB 17.03(2)(d)
(d) The nature of the supervision to be given to the fiduciary activities, including the qualifications, experience and character of the proposed officers of the trust department; and
DFI-SB 17.03(2)(e)
(e) Whether the savings bank has available legal counsel to advise and pass upon fiduciary matters.
DFI-SB 17.03 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.04(1)(a)(a)
Responsibility of the board of directors. The board of directors of a savings bank is responsible for the proper exercise of fiduciary powers by the savings bank. All matters pertinent to the exercise of fiduciary powers, including the determination of policies, the investment and disposition of property held in a fiduciary capacity, and the direction and review of the actions of all officers, employees, and committees utilized by the savings bank in the exercise of its fiduciary powers, are the responsibility of the board. The board of directors may assign, by action entered in the minutes, the administration of any of the savings bank's trust powers to a director, officer, employee, or committee.
DFI-SB 17.04(1)(b)
(b) Administration of accounts. No fiduciary account may be accepted without the prior approval of the board of directors, or of the director, officer, employee or committee to whom the board may have assigned the performance of that responsibility. A written record shall be made of acceptances and of the relinquishment or closing out of all fiduciary accounts. Upon the acceptance of an account for which the savings bank has investment responsibilities, the savings bank shall make a prompt review of the assets. The board shall also ensure that at least once during every calendar year thereafter, and within 15 months of the last review, all the assets held in or held for each fiduciary account for which the savings bank has investment responsibilities are reviewed to determine the advisability of retaining or disposing of the assets. The board shall act to ensure that all investments have been made in accordance with the terms and purposes of the governing instrument.
DFI-SB 17.04(2)
(2) Use of other savings bank personnel. The trust department may utilize personnel and facilities of other departments of the savings bank, and other departments of the savings bank may utilize personnel and facilities of the trust department unless prohibited by law.
DFI-SB 17.04(3)
(3) Compliance with federal securities laws. Every savings bank exercising trust powers shall adopt written policies and procedures to ensure that federal securities laws are complied with in connection with any decision or recommendation to purchase or sell any security. The policies and procedures shall ensure that the savings bank's trust department shall not use material inside information in connection with any decision or recommendation to purchase or sell any security.
DFI-SB 17.04(4)
(4) Legal counsel. Every savings bank exercising fiduciary powers shall designate, employ or retain legal counsel who shall be readily available to pass upon fiduciary matters and to advise the savings bank and its trust department.
DFI-SB 17.04(5)
(5) Bonding. Directors, officers and employees of a savings bank engaged in the operation of a trust department shall acquire bond coverage as the division may require.
DFI-SB 17.04(6)
(6) Oath or affidavit. If the laws of a state require that a corporation acting as trustee, executor, administrator, personal representative or in any capacity specified in this chapter shall take an oath or make an affidavit, the president, vice president, cashier or trust officer of the savings bank may take the necessary oath or execute the necessary affidavit.
DFI-SB 17.04 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.05(1)
(1)
General. Every savings bank exercising trust powers shall keep its fiduciary records separate and distinct from other records of the savings bank. All fiduciary records shall be kept and retained for such time as to enable the savings bank to furnish any information or reports with respect to the records as may be required by the division. The fiduciary records shall contain full information on each account.
DFI-SB 17.05(2)
(2) Record of pending litigation. Every savings bank shall keep an adequate record of all pending litigation to which it is a party in connection with its exercise of trust powers.
DFI-SB 17.05 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.06
DFI-SB 17.06 Audit of trust department. At least once during each calendar year, the savings bank's trust department shall be audited by certified public accountants in a manner consistent with s.
214.76, Stats. A copy of the report of the audit shall be promptly filed with the division. Trust department audits may be made as part of the audits required by s.
214.76, Stats.
DFI-SB 17.06 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.07
DFI-SB 17.07 Segregation of assets; prohibited deposits. Savings banks exercising any of the powers enumerated in this chapter shall segregate all assets held in any fiduciary capacity from the general assets of the savings bank. No savings bank may receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes.
DFI-SB 17.07 Note
Note: This section parallels
12 USC 1464 (n) (3) and (4) and s.
DFI-SL 17.07 and is intended to prohibit operating a check clearing exchange through a trust account.
DFI-SB 17.07 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.08
DFI-SB 17.08 Funds awaiting investment or distribution. DFI-SB 17.08(1)(1)
General. Funds held in a fiduciary capacity by a savings bank awaiting investment or distribution may not be held uninvested or undistributed any longer than is reasonable for the proper management of the account.
DFI-SB 17.08(2)
(2) Use by association in regular business. Funds held in trust by a savings bank, including managed agency accounts, awaiting investment or distribution may, unless prohibited by the instrument creating the trust or by local law, be deposited in other departments of the savings bank, except the savings bank shall first set aside under control of the trust department as collateral security:
DFI-SB 17.08(2)(a)
(a) Direct obligations of the United States, or other obligations fully guaranteed by the United States as to principal and interest;
DFI-SB 17.08(2)(b)
(b) Readily marketable securities of the classes in which state chartered corporate fiduciaries may invest trust funds; or
DFI-SB 17.08(3)
(3) Contingent lien. A savings bank shall ensure that in the event of its failure, the owners of the funds held in trust for investment under this chapter shall have a lien on the bonds or other securities set apart under
sub. (2) in addition to their claim against the estate of the savings bank.
DFI-SB 17.08(4)
(4) Amount of collateral. Collateral securities or securities substituted for collateral securities as collateral shall at all times be at least equal in face value to the amount of trust funds deposited under
sub. (2), but the security is not required to the extent that the funds so deposited are insured by the federal deposit insurance corporation.
DFI-SB 17.08(5)
(5) Productivity. Any funds held by a savings bank as fiduciary awaiting investment or distribution and deposited in other departments of the savings bank shall be made productive.
DFI-SB 17.08 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94.
DFI-SB 17.09
DFI-SB 17.09 Investment of funds held as fiduciary. DFI-SB 17.09(1)(1)
Private trusts. Funds held by a savings bank in a fiduciary capacity shall be invested in accordance with the instrument establishing the fiduciary relationship and local law. If the instrument does not specify the character or class of investments to be made and does not give the savings bank, its directors, or its officers investment discretion in the matter, funds held under the instrument may be invested in any investment in which state chartered corporate fiduciaries may invest under local law.
DFI-SB 17.09(2)
(2) Court trusts. If, under local law, corporate fiduciaries appointed by a court are permitted to exercise discretion in investments, or if a savings bank acting as fiduciary under appointment by a court is vested with discretion in investments by an order of the court, funds of the accounts may be invested in any investments which are permitted by local law. Otherwise, a savings bank acting as fiduciary under appointment by a court shall make all investments of funds in such accounts under an order of that court. The orders in either case shall be preserved with the fiduciary records of the savings bank.
