17 | | - | Section 1. (Effective from passage) The Department of Banking shall 1 |
---|
18 | | - | conduct a study regarding the establishment of limited purpose trust 2 |
---|
19 | | - | companies in the state. Not later than December 1, 2025, the department 3 |
---|
20 | | - | shall submit a report, in accordance with the provisions of section 11-4a 4 |
---|
21 | | - | of the general statutes, concerning the results of such study to the joint 5 |
---|
22 | | - | standing committee of the General Assembly having cognizance of 6 |
---|
23 | | - | matters relating to banking. Such report shall include, but need not be 7 |
---|
24 | | - | limited to, recommendations for legislation necessary to authorize the 8 |
---|
25 | | - | establishment of limited purpose trust companies in the state. 9 |
---|
| 23 | + | Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1 |
---|
| 24 | + | (1) "Connecticut bank" has the same meaning as provided in section 2 |
---|
| 25 | + | 36a-2 of the general statutes; 3 |
---|
| 26 | + | (2) "Federal bank" has the same meaning as provided in section 36a-4 |
---|
| 27 | + | 2 of the general statutes; 5 |
---|
| 28 | + | (3) "Out-of-state bank" has the same meaning as provided in section 6 |
---|
| 29 | + | 36a-2 of the general statutes; 7 |
---|
| 30 | + | (4) "Representative trust office" means an office established by a 8 |
---|
| 31 | + | limited purpose trust company to provide marketing, business 9 |
---|
| 32 | + | solicitation and administrative services to the company, but at which 10 |
---|
| 33 | + | licensed business activity of the company is not conducted; and 11 |
---|
| 34 | + | (5) "Trust office" means the business office of a limited purpose trust 12 |
---|
| 35 | + | company at which the company's licensed business activity is 13 |
---|
| 36 | + | Raised Bill No. 1399 |
---|
| 37 | + | |
---|
| 38 | + | |
---|
| 39 | + | |
---|
| 40 | + | LCO No. 5384 2 of 4 |
---|
| 41 | + | |
---|
| 42 | + | transacted. 14 |
---|
| 43 | + | (b) Any person may apply to form a limited purpose trust company 15 |
---|
| 44 | + | by delivering to the Banking Commissioner a notice and application 16 |
---|
| 45 | + | pursuant to subsection (c) of this section. 17 |
---|
| 46 | + | (c) (1) A person applying to form a limited purpose trust company 18 |
---|
| 47 | + | pursuant to this section shall deliver to the Banking Commissioner a 19 |
---|
| 48 | + | notice and application for a certificate, in a form and manner prescribed 20 |
---|
| 49 | + | by the commissioner, and a fee, as determined by the commissioner. The 21 |
---|
| 50 | + | application shall include the following: (A) The name under which the 22 |
---|
| 51 | + | limited purpose trust company will conduct business; (B) the name of 23 |
---|
| 52 | + | each officer of the limited purpose trust company; (C) the location of the 24 |
---|
| 53 | + | principal office of the limited purpose trust company within the state; 25 |
---|
| 54 | + | (D) the purpose for which the limited purpose trust company is to be 26 |
---|
| 55 | + | formed and the nature of the business to be transacted; (E) the amount 27 |
---|
| 56 | + | and classes of the limited purpose trust company's capital stock and the 28 |
---|
| 57 | + | number of shares into which any class is to be divided; and (F) such 29 |
---|
| 58 | + | other information as the commissioner deems necessary. 30 |
---|
| 59 | + | (2) The Banking Commissioner may hold a hearing upon the matters 31 |
---|
| 60 | + | included in the notice and application. 32 |
---|
| 61 | + | (d) The Banking Commissioner may, under such terms and 33 |
---|
| 62 | + | conditions as the commissioner may require, if satisfied that the public 34 |
---|
| 63 | + | convenience and advantage will be promoted and that competition 35 |
---|
| 64 | + | among financial institutions will not be unreasonably affected, grant a 36 |
---|
| 65 | + | certificate to establish a limited purpose trust company for the purpose 37 |
---|
| 66 | + | of conducting trust and fiduciary business authorized under chapter 665 38 |
---|
| 67 | + | of the general statutes and any other law applicable to a Connecticut 39 |
---|
| 68 | + | bank, provided (1) the limited purpose trust company shall have 40 |
---|
| 69 | + | sufficient capital to support such limited purpose trust company's 41 |
---|
| 70 | + | business operations, and (2) any such limited purpose trust company 42 |
---|
| 71 | + | shall not accept deposits, make loans or otherwise carry on the business 43 |
---|
| 72 | + | of a Connecticut bank, federal bank, out-of-state bank or any other 44 |
---|
| 73 | + | Raised Bill No. 1399 |
---|
| 74 | + | |
---|
| 75 | + | |
---|
| 76 | + | |
---|
| 77 | + | LCO No. 5384 3 of 4 |
---|
| 78 | + | |
---|
| 79 | + | banking business in the state. 45 |
---|
| 80 | + | (e) After receiving a certificate to establish a limited purpose trust 46 |
---|
| 81 | + | company from the Banking Commissioner, the company may file the 47 |
---|
| 82 | + | company's articles of organization with the Secretary of the State. Upon 48 |
---|
| 83 | + | filing such articles of organization, the company shall be eligible to 49 |
---|
| 84 | + | conduct business, except that the certificate shall be deemed to be 50 |
---|
| 85 | + | revoked if the company does not commence business within one year 51 |
---|
| 86 | + | after the date the commissioner issues the certificate. 52 |
---|
| 87 | + | (f) A limited purpose trust company may establish and maintain a 53 |
---|
| 88 | + | trust office or a representative trust office in any state other than this 54 |
---|
| 89 | + | state. A limited purpose trust company intending to establish an out-of-55 |
---|
| 90 | + | state trust office or representative trust office shall file a notice with the 56 |
---|
| 91 | + | Banking Commissioner. The notice shall be in a form and manner 57 |
---|
| 92 | + | prescribed by the commissioner and shall contain the name and address 58 |
---|
| 93 | + | of the limited purpose trust company and the location of the proposed 59 |
---|
| 94 | + | office, and be accompanied by a copy of a resolution of the company's 60 |
---|
| 95 | + | board of directors authorizing the establishment of the out-of-state 61 |
---|
| 96 | + | office. The company may commence business at the out-of-state trust 62 |
---|
| 97 | + | office or representative trust office upon the expiration of thirty days 63 |
---|
| 98 | + | after the date such notice is received by the commissioner, except that 64 |
---|
| 99 | + | such thirty-day period may be extended if the commissioner provides 65 |
---|
| 100 | + | written notice to the company disclosing that additional information is 66 |
---|
| 101 | + | required. 67 |
---|
| 102 | + | (g) A limited purpose trust company established under the laws of 68 |
---|
| 103 | + | another state, or an institution established under the laws of another 69 |
---|
| 104 | + | state that the Banking Commissioner determines to be substantially 70 |
---|
| 105 | + | similar to a limited purpose trust company, may establish and maintain 71 |
---|
| 106 | + | an office in this state if the commissioner determines that the laws under 72 |
---|
| 107 | + | which such out-of-state company or similar institution was established 73 |
---|
| 108 | + | expressly authorize, under conditions not more restrictive than the 74 |
---|
| 109 | + | conditions imposed by the laws of this state, a limited purpose trust 75 |
---|
| 110 | + | company established under this section to establish and maintain an 76 |
---|
| 111 | + | Raised Bill No. 1399 |
---|
| 112 | + | |
---|
| 113 | + | |
---|
| 114 | + | |
---|
| 115 | + | LCO No. 5384 4 of 4 |
---|
| 116 | + | |
---|
| 117 | + | office in the state where such out-of-state company or similar institution 77 |
---|
| 118 | + | was established. 78 |
---|
| 119 | + | (h) A limited purpose trust company may be merged, consolidated, 79 |
---|
| 120 | + | converted, liquidated or dissolved, or cause such company's charter to 80 |
---|
| 121 | + | cease to exist, in such a manner as the commissioner may prescribe and 81 |
---|
| 122 | + | subject to any terms or conditions the commissioner may impose. 82 |
---|
| 123 | + | (i) This section shall not apply to an attorney licensed to practice law 83 |
---|
| 124 | + | in the state or to a person exercising trust or fiduciary powers in the state 84 |
---|
| 125 | + | under lawful authority. 85 |
---|
| 126 | + | (j) The commissioner may adopt regulations in accordance with the 86 |
---|
| 127 | + | provisions of chapter 54 of the general statutes to carry out the 87 |
---|
| 128 | + | provisions of this section. Such regulations may govern the affairs of a 88 |
---|
| 129 | + | limited purpose trust company, provide for examinations of a limited 89 |
---|
| 130 | + | purpose trust company, establish procedures for such examinations and 90 |
---|
| 131 | + | specify which provisions of the general statutes, including, but not 91 |
---|
| 132 | + | limited to, title 36a of the general statutes, shall apply to a limited 92 |
---|
| 133 | + | purpose trust company. 93 |
---|