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48.845 Substitution in fiduciary capacities for affiliated or other banks; definitions.

Subdivision 1. For purposes of this section and section 48.846, the terms defined in this section have the meanings given them.

Subd. 2. "Bank" means any state bank permitted to exercise trust powers under the provisions of sections 48.37 to 48.47, and any national bank authorized to exercise fiduciary powers under the laws of the United States, including a national bank whose operations are limited to those of a trust company and related activities.

Subd. 3. "Trust company" means any trust company incorporated under the laws of this state which is duly authorized to exercise fiduciary powers.

Subd. 4. "Affiliated bank" with respect to another bank or a trust company means any bank which is owned or controlled by the corporation which owns or controls that other bank or trust company, including a wholly owned subsidiary of the other bank or trust company.

Subd. 5. "Fiduciary capacity" means a capacity resulting from a bank undertaking to act alone or jointly with others primarily for the benefit of another in all matters connected with its undertaking and includes, but is not limited to, the capacities of trustee, including trustee of a common trust fund; executor; administrator; personal representative; registrar or transfer agent with respect to stocks, bonds or other evidences of indebtedness of any corporation, association, municipality, state or public authority; guardian of estates; conservator; receiver; escrow agent; agent for the investment of money; attorney-in-fact; or any other similar capacity.

HIST: 1980 c 383 s 1; 1996 c 414 art 1 s 18

Official Publication of the State of Minnesota
Revisor of Statutes