Sec. 22.5. (a) Except for interest at the legal rate on a loan or advancement, a savings bank may not, directly or indirectly, receive a profit or commission from the sale to or purchase from an estate, a guardianship, or a trust of which the savings bank is the fiduciary unless the profit or commission is authorized by agreement with the creator of the trust or a court with jurisdiction over the estate, guardianship, or trust.
(b) A savings bank that receives a profit or commission in violation of subsection (a) shall be surcharged an amount equal to the profit or commission. In addition, a court with jurisdiction over the estate, guardianship, or trust may remove the savings bank as the fiduciary.
As added by P.L.192-2003, SEC.5.
Structure Indiana Code
Title 28. Financial Institutions
Chapter 6. General Powers of a Savings Bank
28-6.1-6-1. Discounting, Negotiating, Selling, and Guaranteeing Evidences of Debt
28-6.1-6-2. Buying and Selling Exchange, Coin, and Bullion
28-6.1-6-3. Loaning Money; Engaging in Tax Equity Finance Transactions
28-6.1-6-5. Receiving Savings and Demand Deposits
28-6.1-6-6. Receiving Deposits of Securities and Personal Property
28-6.1-6-7. Contracting for and Receiving Highest Rate of Interest
28-6.1-6-8. Accepting Drafts for Future Payment; Issuing Letters of Credit
28-6.1-6-9. Exercising General Banking Powers; Issuing Money
28-6.1-6-10. Receiving Deposits of State and Federal Public Funds
28-6.1-6-11. Acting as Fiscal or Transfer Agent of Government Bodies
28-6.1-6-13. Acting as Agent to Buy and Sell Transportation
28-6.1-6-15. Acting as Attorney
28-6.1-6-16. Receiving Personal Property for Deposit
28-6.1-6-17. Acting Under Court Appointment
28-6.1-6-18. Acting in Probate
28-6.1-6-19. Acting as Guardian, Trustee, or Personal Representative
28-6.1-6-20. Taking, Accepting, and Executing Trusts
28-6.1-6-21. Acting in Fiduciary Capacity
28-6.1-6-22. Receiving Fees, Commissions, Gifts, and Things of Value
28-6.1-6-23. Requesting Mergers, Consolidations, and Joinings
28-6.1-6-24. Request to Exercise Rights and Privileges Granted to National Banks; Appeal
28-6.1-6-25. Requirement to Provide Property Tax Information in Certain Transactions