9-2304. Provisions of state banking code applicable; exceptions; conflict of law. (a) To the extent a conflict does not exist between this act and chapter 9 of the Kansas Statutes Annotated, and amendments thereto, the provisions of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall apply to a fiduciary financial institution in the same manner as it applies to a trust company except that references in chapter 9 to:
(1) "Capital stock" includes membership capital and partner capital;
(2) "stock" includes membership units and partnership interests;
(3) "common stock" includes common units and common interests;
(4) "preferred stock" includes preferred units and preferred interests;
(5) "stockholders" includes members and partners;
(6) "articles of incorporation" includes articles of organization and articles of limited partnership;
(7) "incorporation" includes organization;
(8) "corporation" includes company and partnership;
(9) "corporate" includes company and partnership;
(10) "trust business" and "business of a trust company" includes fidfin and fiduciary financial institution business; and
(11) K.S.A. 9-901a(a), and amendments thereto, means K.S.A. 2021 Supp. 9-2305, and amendments thereto.
(b) If any conflict exists between any provisions of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, and this act, the provisions of this act shall control.
History: L. 2021, ch. 80, ยง 4; July 1.
Structure Kansas Statutes
Chapter 9 - Banks And Banking; Trust Companies
Article 23 - Technology-enabled Fiduciary Financial Institutions
9-2301 Citation of act; definitions.
9-2303 Fees and assessments; examination expenses; remittance of moneys.
9-2304 Provisions of state banking code applicable; exceptions; conflict of law.
9-2305 Capitalization requirements.
9-2306 Board of directors; membership; annual meeting; oath; notification of commissioner.
9-2307 Report to commissioner; safety and soundness.
9-2308 Name of institution; advertising; restrictions.
9-2309 Maintaining suitable office space; requirements; staffing; maintenance of records.
9-2311 Financing; required distribution amount; schedules; remittance of moneys.
9-2313 Custodial services; requirements.
9-2314 Trust advisor; rights, powers, immunities and liabilities.
9-2316 Trust advisor; presumed fiduciary; jurisdiction; appointment.
9-2317 Entity as trust advisor; requirements.
9-2318 Indemnification of trust advisor; exceptions.
9-2320 Privacy; protection in court proceedings; exception.
9-2321 Forms; definition; request for review; review not approval or endorsement.
9-2322 Adoption of rules and regulations by the commissioner; contracts for technical assistance.
9-2323 No maximum interest rate or charge.
9-2326 Trust interest not void or invalid by any common law rule.
9-2327 Tax classification as determined under the federal internal revenue code.