A. All banks that are authorized to do a trust business and all trust companies shall have the following rights, powers, and privileges, and shall be subject to the following regulations and restrictions:
1. To act as agent for any person, corporation, municipality, or state, for the collection or disbursement of interest, or income or principal of securities;
2. To act as the fiscal or transfer agent of any state, municipality, or body politic or corporate, and in such capacity to receive and disburse money; to transfer, register, and countersign certificates of stock, bonds, or other evidences of indebtedness;
3. To act as agent of any corporation, foreign or domestic, for any lawful purpose;
4. To act as trustee under any mortgage or bond issued by an individual, municipality, or body politic or corporate, and to accept and execute any other municipal or corporate trust not inconsistent with the laws of the Commonwealth;
5. To act as guardian, receiver, or trustee of the estate of any minor and as depository of any money paid into court, whether for the benefit of any minor or other person;
6. To take, accept, and execute any and all such lawful trusts, duties, and powers in regard to the holding and management and disposition of any estate, real and personal, and the rents and profits thereof, or the sale or lease thereof, as may be granted or confided to it by any circuit court, judge, or clerk, or by any person, corporation, municipality, or other authority, and it shall be accountable to all parties in interest for the faithful discharge of every such trust, duty, or power which it may so accept;
7. To take, accept, and execute any and all such trusts and powers, of whatever nature and description, as may be conferred upon or entrusted or committed to it by any person, including any body politic or corporate or other authority, by grant, assignment, transfer, devise, bequest, or otherwise or as may be entrusted or committed or transferred to it or vested in it by order of any circuit court, judge, or clerk, and to receive and hold any property or estate, real or personal, which may be the subject of any such trust; and
8. To act as:
a. Executor under the last will and testament or administrator of the estate of any deceased person, under appointment of any circuit court, judge, or clerk thereof, having jurisdiction of the estate of such deceased person;
b. Guardian of the person or of the estate of any infant, guardian or conservator of any incapacitated person, habitual drunkard, or person who by reason of advanced age or impaired health or physical disability has become mentally or physically incapable of taking proper care of his person or properly handling and managing his estate, under appointment of any circuit court, judge, or clerk thereof, having jurisdiction of the estate of such person; or
c. Trustee or committee for any convict in the penitentiary, under appointment of any circuit court, judge, or clerk thereof, having jurisdiction of the estate of such person.
B. Nothing in this section shall ever be construed as authorizing the creation of a trust not lawful as between individuals nor to prohibit the deposit of funds by court and fiduciaries in banks of deposit and discount and savings banks.
C. Every trust company doing business in the Commonwealth is authorized temporarily to suspend its usual business during a period of actual or threatened enemy attack, civil insurrection, or riot, affecting the community in which such institution is doing business or other emergency justifying temporary closing, such as fire, flood, or hurricane.
Code 1950, §§ 6-30, 6-94, 6-104; 1966, c. 584, §§ 6.1-12, 6.1-17; 1970, c. 15; 1974, c. 286, § 6.1-32.10; 1984, c. 172; 1993, c. 432; 1997, c. 801; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 10 - Entities Conducting Trust Business
§ 6.2-1001. Entities authorized to engage in trust business
§ 6.2-1002. Powers of trust institutions
§ 6.2-1003. When security not required; payment of probate taxes and fees
§ 6.2-1004. Who may take oath for corporate fiduciary
§ 6.2-1005. Deposit or other use of trust funds
§ 6.2-1006. Custody of trust securities to be kept separate; federal securities and obligations
§ 6.2-1007. Investment of trust funds
§ 6.2-1008. Dealings with self or affiliates
§ 6.2-1009. Common trust and collective investment funds
§ 6.2-1010. Holding stock or other securities as fiduciary
§ 6.2-1011. Voting of bank shares held by trust institution as fiduciary; when disqualified
§ 6.2-1012. Suspension or prohibition of trust institutions
§ 6.2-1014. Certificate required
§ 6.2-1015. Application for certificate; fee
§ 6.2-1017. Procedure for granting or denying certificate
§ 6.2-1018. Minimum capital; state of incorporation; form of entity
§ 6.2-1019. Issuance of shares; subscriptions to stock; stock option plans
§ 6.2-1020. Certain transactions by affiliated trust companies prohibited
§ 6.2-1021. Commissions or fees for sale of stock not permitted
§ 6.2-1022. Reacquisition of shares; dividends
§ 6.2-1023. Acquisition of stock; application
§ 6.2-1024. Restrictions on control, officers and directors
§ 6.2-1025. Report to Commission of election of director
§ 6.2-1026. Removal of director or officer; appeals; penalty
§ 6.2-1027. Bonds required of officers and employees; blanket bond
§ 6.2-1030. Discount by officer, director, or employee of refused paper
§ 6.2-1032. Investigations; examinations
§ 6.2-1036. Commission's remedial powers
§ 6.2-1037. Effect of surrender or revocation of certificate
§ 6.2-1038. Appointment of receiver
§ 6.2-1040. Unlawful use of terms indicating that business is trust company; penalty
§ 6.2-1041. Civil penalties for failure to comply with § 62-1031 or 62-1032
§ 6.2-1042. Making derogatory statements affecting trust companies; penalty
§ 6.2-1043. Use of trust company name, logo, or symbol for marketing purposes; penalty
§ 6.2-1044. Offenses by officer, director, agent or employee of trust company; penalties
§ 6.2-1046. Civil penalties for violation of Commission's orders
§ 6.2-1048. Organization of subsidiary trust companies
§ 6.2-1049. Permissible business
§ 6.2-1051. Report to Commission of election of director
§ 6.2-1052. Removal of director or officer; appeals; penalty
§ 6.2-1053. Bonds required of officers and employees; blanket bond
§ 6.2-1054. Certificate required
§ 6.2-1056. When security not required of trust subsidiaries
§ 6.2-1057. Deposits held or received by trust subsidiaries or subsidiary bank with affiliate banks
§ 6.2-1058. Substitution of trust subsidiary as fiduciary
§ 6.2-1059. Substitution of subsidiary bank as fiduciary
§ 6.2-1060. Trust subsidiaries to have same powers and restrictions as bank trust departments
§ 6.2-1061. Reports; investigations and examinations; civil penalties
§ 6.2-1062. Offenses by officer, director, agent or employee of trust subsidiary; penalties
§ 6.2-1064. Civil penalties for violation of Commission's orders
§ 6.2-1066. Interstate trust offices by Virginia state banks
§ 6.2-1067. Trust business of out-of-state trust institution
§ 6.2-1069. Filing requirements
§ 6.2-1070. Conditions for approval
§ 6.2-1071. Examinations; periodic reports; cooperative agreements; assessment of fees
§ 6.2-1075. Organization; minimum capital; notice to Bureau; control
§ 6.2-1076. Operation and powers
§ 6.2-1077. Reacquisition of shares or interests; dividends
§ 6.2-1079. Directors or managers
§ 6.2-1080. Limitation on powers
§ 6.2-1082. Applications for permission to offer trust services
§ 6.2-1085. When security not required
§ 6.2-1086. Association's operation and supervision of trust department
§ 6.2-1087. Books and accounts
§ 6.2-1088. Investment of funds and assets held as fiduciary
§ 6.2-1089. Funds awaiting investment or distribution
§ 6.2-1090. Dealings with self or affiliates
§ 6.2-1092. Transactions between trust accounts
§ 6.2-1093. Custody of assets and investments held in trust
§ 6.2-1094. Establishment of common trust funds and collective investment funds; court accountings
§ 6.2-1095. Compensation of association acting as fiduciary
§ 6.2-1096. Surrender of trust powers by association