(a) A state trust company may not acquire real estate except:
(1) As permitted by § 23-51-121 or as otherwise provided by this chapter, including rules adopted under this chapter;
(2) If necessary to avoid or minimize a loss on a loan or investment previously made in good faith; or
(3) With the prior written approval of the Bank Commissioner.
(b) To the extent reasonably necessary to avoid or minimize loss on real estate acquired as permitted by subsection (a) of this section, a state trust company may exchange real estate for other real estate or personal property, invest additional funds in or improve real estate acquired under this subsection or subsection (a) of this section, or acquire additional real estate.
(c) A state trust company shall dispose of any real estate subject to subdivisions (a)(1) and (2) of this section not later than:
(1) The fifth anniversary of the date:
(A) It was acquired, except as otherwise provided by rules adopted under this chapter; or
(B) It ceases to be used as a state trust company facility; or
(2) The third anniversary of the date it ceases to be a state trust company facility as provided by § 23-51-121(c).
(d) The commissioner on application may grant one (1) or more extensions of time for disposing of real estate if the commissioner determines that:
(1) The state trust company has made a good faith effort to dispose of the real estate; or
(2) Disposal of the real estate would be detrimental to the state trust company.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 2 - Financial Institutions And Securities
Chapter 51 - Arkansas Trust Institutions Act
§ 23-51-102. Certain definitions
§ 23-51-104. Organization and powers of state trust company
§ 23-51-105. Articles of association of state trust company
§ 23-51-106. Application for state trust company charter
§ 23-51-107. Notice and investigation of charter application
§ 23-51-108. Hearing and decision on charter application
§ 23-51-109. Issuance of charter
§ 23-51-111. Application of laws relating to general business corporations
§ 23-51-112. Commissioner hearings — Appeals
§ 23-51-113. Trust companies chartered under prior law
§ 23-51-114. Amendment of state trust company articles of association
§ 23-51-115. Establishing a series of shares
§ 23-51-116. Change in outstanding capital and surplus
§ 23-51-117. Capital notes or debentures
§ 23-51-118. Private trust company
§ 23-51-119. Requirements for a private trust company
§ 23-51-120. Conversion to public trust company
§ 23-51-121. Investment in state trust company facilities — Definition
§ 23-51-122. Other real estate
§ 23-51-124. Transactions in state trust company shares
§ 23-51-127. Engaging in commerce prohibited
§ 23-51-129. Lease financing transactions
§ 23-51-131. Common investment funds
§ 23-51-134. Acquisition of control
§ 23-51-135. Application regarding acquisition of control
§ 23-51-136. Hearing and decision on acquisition of control
§ 23-51-137. Appeal from adverse decision
§ 23-51-138. Objection to other transfer
§ 23-51-139. Civil enforcement — Criminal penalties
§ 23-51-140. Voting securities held by state trust company
§ 23-51-142. Board of directors
§ 23-51-144. Certain criminal offenses
§ 23-51-145. Transactions with management and affiliates
§ 23-51-146. Fiduciary responsibility
§ 23-51-148. Bonding requirements
§ 23-51-149. Reports of apparent crime
§ 23-51-151. Merger application
§ 23-51-152. Approval of commissioner
§ 23-51-153. Rights of dissenters to mergers
§ 23-51-154. Authority to purchase assets of another trust institution
§ 23-51-156. Required vote of shareholders
§ 23-51-157. Corporate procedure
§ 23-51-158. Authority to liquidate — Publication
§ 23-51-159. Examination and reports
§ 23-51-160. Unclaimed property
§ 23-51-161. Sale or transfer of property
§ 23-51-162. When commissioner may take charge
§ 23-51-163. Directors may act
§ 23-51-164. Application of Arkansas Banking Code of 1997
§ 23-51-165. Companies authorized to act as fiduciaries
§ 23-51-166. Activities not requiring a charter, etc
§ 23-51-167. Trust business of state trust institution
§ 23-51-168. Trust business of out-of-state trust institution
§ 23-51-169. Name of trust institution
§ 23-51-171. Branches and offices of state trust institutions
§ 23-51-172. State trust company principal office
§ 23-51-174. Out-of-state offices
§ 23-51-175. Trust business at a branch or trust office
§ 23-51-176. Establishing an interstate trust office
§ 23-51-177. Acquiring an interstate trust office
§ 23-51-178. Requirement of notice
§ 23-51-179. Conditions for approval
§ 23-51-180. Additional trust offices
§ 23-51-181. Examinations — Periodic reports — Cooperative agreements — Assessment of fees
§ 23-51-183. Notice of subsequent merger, closing, etc
§ 23-51-184. Commissioner shall supervise and examine authorized trust institutions
§ 23-51-185. Examinations — Assessments
§ 23-51-186. Statements of condition and income
§ 23-51-187. Confidential records
§ 23-51-188. Administrative orders — Penalties for violation
§ 23-51-189. Notice and opportunity for hearing
§ 23-51-190. Subpoena power and examination under oath
§ 23-51-191. Removal of directors, officers, and employees
§ 23-51-192. Delegation and fiduciary responsibility
§ 23-51-194. Fee determination
§ 23-51-195. Disclosure of potential conflicts of interest
§ 23-51-196. Interests in trust institutions prohibited
§ 23-51-197. Designation of trustee