9-2316. Trust advisor; presumed fiduciary; jurisdiction; appointment. (a) A trust advisor shall be presumed to be a fiduciary when exercising such trust advisor's authority under this act.
(b) By accepting an appointment to serve as a trust advisor of a fidfin trust or an alternative asset custody account that is subject to the laws of this state, the trust advisor submits to the jurisdiction of the courts of Kansas even if investment advisory agreements or other related agreements provide otherwise. The trust advisor may be made a party to any action or proceeding relating to a decision or action of the trust advisor.
(c) An instrument may appoint an individual, corporation or limited liability company as the trust advisor of a fidfin trust or an alternative asset custody account.
History: L. 2021, ch. 80, ยง 16; 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.