Sec. 4. (a) A corporate fiduciary may:
(1) lend money; and
(2) receive and hold real and personal property as security for the repayment of loans;
only as authorized in this section.
(b) A corporate fiduciary may make a loan to a fiduciary account it administers and may take security for the loan, unless the governing document prohibits borrowing money and pledging account assets. The terms of a loan described in this subsection must be comparable to the terms available from other lenders.
(c) A corporate fiduciary may make a loan to a director, an officer, or an employee of the corporate fiduciary. A loan made under this subsection must be adequately secured. Loans made under this subsection by a corporate fiduciary may not:
(1) total more than ten thousand dollars ($10,000) for each individual; or
(2) exceed five percent (5%) of total equity capital when all loans to directors, officers, and employees are aggregated.
(d) Loans made to directors, officers, and employees under subsection (c) must be made exclusively from corporate funds. Funds from a fiduciary account may not be used to make or secure a loan under subsection (c).
As added by P.L.262-1995, SEC.90.
Structure Indiana Code
Title 28. Financial Institutions
Article 14. Corporate Fiduciaries
28-14-3-3. Articles of Incorporation
28-14-3-5. Securities Held by Clearing Corporation
28-14-3-6. United States Government Securities
28-14-3-7. Benefits; Incentives; Stock Purchase Programs
28-14-3-9. Investment and Reinvestment of Assets
28-14-3-10. Acting as Fiscal or Transfer Agent
28-14-3-11. Acting as Insurance Producer for Sale of Annuity Contract or Life Insurance Policy
28-14-3-17. Pledge or Deposit of Assets Prohibited
28-14-3-18. Receipt of Property Upon Deposit for Safekeeping or in Escrow
28-14-3-19. Compensation for Fiduciary Services; Counsel Fees
28-14-3-21. Appointment by Court Having Jurisdiction; Power to Renounce Appointment
28-14-3-23. Service as Successor Trustee