In Articles 1 and 2 of this chapter:
Accept or execute trusts, including to (i) act as trustee under a written agreement; (ii) receive money or other property in its capacity as trustee for investment in real or personal property; (iii) act as trustee and perform the fiduciary duties committed or transferred to it by order of a court of competent jurisdiction; (iv) act as trustee of the estate of a deceased person; or (v) act as trustee for a minor or incapacitated person;
Administer in any other fiduciary capacity real or tangible personal property; or
Act pursuant to order of court of competent jurisdiction as executor or administrator of the estate of a deceased person or as a guardian or conservator for a minor or incapacitated person.
Any agency of another state with primary responsibility for chartering and supervising a trust institution; and
The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of Thrift Supervision and any successor to these agencies.
A state trust company, means a location registered with the commissioner as the state trust company's home office at which:
The state trust company does business;
The state trust company keeps its corporate books and a set of its material records, including material fiduciary records; and
At least one (1) executive officer of the state trust company maintains an office; or
A trust institution other than a state trust company, means its principal place of business in the United States.
Acting as a fiduciary, or
To the extent not acting as a fiduciary, any of the following: (i) receiving for safekeeping personal property of every description; (ii) acting as assignee, bailee, conservator, custodian, escrow agent, registrar, receiver or transfer agent; or (iii) acting as financial advisor, investment advisor or manager, agent or attorney-in-fact in any agreed upon capacity.
These definitions shall be liberally construed to accomplish the purposes of the chapter. Additional definitions applicable to this chapter are contained in Section 81-27-6.001. The commissioner by rule or regulation may adopt other definitions to accomplish the purposes of this chapter.