Arkansas Code
Chapter 51 - Arkansas Trust Institutions Act
§ 23-51-179. Conditions for approval

(a) No trust office of an out-of-state trust institution may be acquired or established in this state under this chapter unless:
(1) The out-of-state trust institution shall have confirmed in writing to the Bank Commissioner that for as long as it maintains a trust office in this state, it will comply with all applicable laws of this state;
(2) The notificant shall have provided satisfactory evidence to the commissioner of compliance with any applicable requirements of § 4-27-1501 et seq. and the applicable requirements of its home state regulator for acquiring or establishing and maintaining the office;
(3) The commissioner, acting within sixty (60) days after receiving notice under § 23-51-178, shall have certified to the home state regulator that the requirements of this chapter have been met and the notice has been approved or, if applicable, that any conditions imposed by the commissioner pursuant to subsection (b) of this section have been satisfied.

(b) The out-of-state trust institution may commence business at the trust office sixty (60) days after the date the commissioner receives the notice unless the commissioner specifies another date, provided, with respect to an out-of-state trust institution that is not a depository institution and for which the commissioner shall have conditioned such approval on the satisfaction by the notificant of any requirement applicable to a state trust company pursuant to § 23-51-106(b) or § 23-51-110, the institution shall have satisfied such conditions and provided to the commissioner satisfactory evidence thereof.
(c) The sixty-day period of review may be extended by the commissioner on a determination that the written notice raises issues that require additional information or additional time for analysis. If the period of review is extended, the out-of-state trust institution may establish the office only on prior written approval by the commissioner.
(d) The commissioner may deny approval of the office if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed office is contrary to the public interest. In acting on the notice, the commissioner shall consider the views of the appropriate bank supervisory agencies.

Structure Arkansas Code

Arkansas Code

Title 23 - Public Utilities and Regulated Industries

Subtitle 2 - Financial Institutions And Securities

Chapter 51 - Arkansas Trust Institutions Act

§ 23-51-101. Title

§ 23-51-102. Certain definitions

§ 23-51-103. Rules

§ 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

§ 23-51-110. Required capital

§ 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

§ 23-51-123. Securities

§ 23-51-124. Transactions in state trust company shares

§ 23-51-125. Subsidiaries

§ 23-51-126. Mutual funds

§ 23-51-127. Engaging in commerce prohibited

§ 23-51-128. Lending limits

§ 23-51-129. Lease financing transactions

§ 23-51-130. Trust deposit

§ 23-51-131. Common investment funds

§ 23-51-132. Borrowing limit

§ 23-51-133. Pledge of assets

§ 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

§ 23-51-141. Bylaws

§ 23-51-142. Board of directors

§ 23-51-143. Officers

§ 23-51-144. Certain criminal offenses

§ 23-51-145. Transactions with management and affiliates

§ 23-51-146. Fiduciary responsibility

§ 23-51-147. Recordkeeping

§ 23-51-148. Bonding requirements

§ 23-51-149. Reports of apparent crime

§ 23-51-150. Merger authority

§ 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

§ 23-51-155. Sale of assets

§ 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

§ 23-51-170. Trust business

§ 23-51-171. Branches and offices of state trust institutions

§ 23-51-172. State trust company principal office

§ 23-51-173. Trust 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

§ 23-51-182. Enforcement

§ 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

§ 23-51-193. Affiliates

§ 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

§ 23-51-198. Choice of law governing trusts

§ 23-51-199. Choice of law governing fiduciary investments