1. In addition to the powers of investment granted to the trust company by the instrument creating the relationship of fiduciary or agent, a trust company which is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the trust company as a fiduciary or agent, invest in the securities of an investment trust or investment company if:
(a) The investment trust or investment company is an investment company for the purposes of the Investment Company Act of 1940, as amended, 15 U.S.C. §§ 80a-1 et seq.;
(b) The portfolio of the investment trust or investment company consists substantially of investments which are not prohibited by the instrument creating the fiduciary or agency relationship; and
(c) The relationship of the investment company to the trust company is disclosed to any person who is currently receiving statements for the account, by a prospectus, a statement of account or otherwise.
2. A retail trust company or an affiliate of the retail trust company that provides services to the investment trust or investment company, including, without limitation, acting as an adviser, custodian, transfer agent, registrar, sponsor, distributor or shareholder serving agent manager, may receive reasonable compensation for the services. The manner in which the compensation is calculated must be disclosed to any person who is currently receiving statements for the account by a prospectus, a statement of account or otherwise.
3. A retail trust company may deposit money held by the retail trust company as a fiduciary or agent that is awaiting investment or distribution as provided in the governing instrument for the account in an affiliated bank. To the extent that the money invested in an affiliated bank is not insured by the Federal Deposit Insurance Corporation, the retail trust company shall set aside collateral as security, under the control of appropriate fiduciary officers and employees, with a market value that at all times equals or exceeds the amount of the uninsured fiduciary money.
4. Notwithstanding subsections 1, 2 and 3, a retail trust company authorized to exercise trust powers in this State which is acting as a fiduciary shall not purchase for the fiduciary estate any fixed income or equity security issued by the retail trust company or an affiliate thereof other than an investment company, unless:
(a) The retail trust company is expressly authorized to do so by the terms of the instrument creating the trust, a court order, the written consent of the grantor of the trust or the written consent of every adult beneficiary of the trust who, at the time the notice is provided, receives, or is entitled to receive, income under the trust or who would be entitled to receive a distribution of principal if the trust were terminated; or
(b) The security is fairly priced and otherwise complies with the prudent investor standards of NRS 164.700 to 164.775, inclusive, and the terms of the instrument, judgment, decree, or other document establishing the fiduciary relationship.
(Added to NRS by 1991, 822; A 1999, 848; 2009, 1962)
Structure Nevada Revised Statutes
NRS 669.010 - Declaration of legislative intent.
NRS 669.029 - "Business of a trust company" and "trust company business" defined.
NRS 669.040 - "Court trust" defined.
NRS 669.042 - "Family trust company" defined.
NRS 669.045 - "Fiduciary" defined.
NRS 669.047 - "Grandfathered trust company" defined.
NRS 669.049 - "Noncustodial trust company" defined.
NRS 669.050 - "Private trust" defined.
NRS 669.065 - "Retail trust company" defined.
NRS 669.070 - "Trust company" defined.
NRS 669.080 - Applicability of chapter.
NRS 669.083 - Retail trust company required to maintain principal office in Nevada.
NRS 669.085 - Pre-opening examination by Commissioner; other requirements.
NRS 669.090 - Unlawful to engage in business of trust company without license; exception.
NRS 669.095 - Unlawful to use or advertise word "trust" as part of name; exceptions.
NRS 669.100 - Minimum stockholders’ equity required for organization and operation.
NRS 669.115 - Retail trust company required to have quarterly meetings.
NRS 669.116 - Requirements concerning management or control of certain trust companies.
NRS 669.117 - Directors and managers: Qualifications.
NRS 669.150 - Application for license: Contents; fees; regulations; withdrawal of application.
NRS 669.190 - Payment of license fees; regulations; deposit in State Treasury.
NRS 669.2015 - "Federal banking regulator" defined.
NRS 669.202 - "Foreign independent trust company" defined.
NRS 669.203 - "Foreign trust company" defined.
NRS 669.204 - "Home state" defined.
NRS 669.210 - Powers of retail trust companies; banking business prohibited.
NRS 669.220 - Investments: General requirements.
NRS 669.230 - Discontinuing business.
NRS 669.240 - Fidelity bonds; insurance.
NRS 669.245 - Commissioner authorized to be signatory.
NRS 669.250 - Fees for examination; frequency of examination.
NRS 669.260 - Applicability of other provisions of certain chapters.
NRS 669.270 - Regulations of Commissioner.
NRS 669.283 - Authority of Commissioner to investigate.
NRS 669.2845 - Revocation of license; notice and hearing required.
NRS 669.285 - Confidentiality of records and documents.
NRS 669.286 - Failure to submit required report; fees; regulations.
NRS 669.295 - Administrative fines.
NRS 669.300 - Violation of chapter constitutes gross misdemeanor unless otherwise specified.