(b) For the purpose of this subdivision, (i) the term "bank holding
company" shall be given the same meaning as is contained in the
definition of such term in section one hundred forty-one of this
chapter, and (ii) the term "trust company" shall be given the same
meaning as is contained in the definition of such term in subdivision
seven of this section, except that such term shall be deemed to include,
in addition to the entities listed in such subdivision, any banking,
trust or financial company, corporation or association, organized under
the laws of the United States, whether or not having its principal
office outside this state, or of any state of the United States, which
is duly authorized to exercise fiduciary powers.
9. (a) As used in this subdivision, unless the context otherwise
required:
(i) "Short term investment common trust fund" means a common trust
fund maintained and administered by a trust company exclusively for the
collective investment and reinvestment of moneys contributed thereto
which are invested and reinvested in any short term investment by a
trust company, in its capacity as a fiduciary or co-fiduciary.
(ii) "Short term investment" means bonds, notes or other evidences of
indebtedness which are payable upon demand (including variable amount
notes) or which have a maturity date of one year or less from the date
of purchase, or which may be prescribed, from time to time, by rules or
regulations promulgated by the superintendent of financial services, and
which are acquired or held by a trust company in a short term investment
common trust fund.
(iii) "Participant" means any estate, trust, donee of a power during
minority, guardianship, committeeship, conservatorship, or custodian
under any Uniform Transfers to Minors Act administered by a trust
company, as fiduciary or co-fiduciary, having a participation.
(iv) "Participation" means the interest of a participant in a short
term investment common trust fund.
(b) Any trust company may administer one or more short term investment
common trust funds.
(c) Any trust company shall, at least once each year, cause an audit
of each short term investment common trust fund administered by the
trust company to be made by auditors who are independent certified
public accountants. A copy of such audit shall be available at the
office of the trust company maintained for the transaction of trust
business, during all regular business hours, for inspection by any
person having an interest in any participant, and upon request a copy of
any such audit shall be furnished without any cost to such person. The
reasonable expenses of any such audit made by independent certified
public accounts or of any examination by the superintendent may be
charged to the income of the short term investment common trust fund.
(d) A trust company administering a short term investment common trust
fund shall not be required to render a court accounting with regard to
such fund.
10. The superintendent of financial services shall promulgate such
regulations and rules as he or she considers appropriate to govern the
administration of common trust funds and short term investment common
trust funds.
Structure New York Laws
Article 3 - Banks and Trust Companies
94 - Change From Bank to Trust Company; From Trust Company to Bank.
96-A - Servicing of Mortgages by Banks.
96-B - Payroll Payment by Banks or Trust Companies.
96-C - Power to Act as Trustee Under Self-Employed Retirement Trust or Individual Retirement Trust.
96-D - Banking Development Districts.
97 - Power to Purchase Securities and Stocks.
98 - Power to Take and Hold Real Estate; Restrictions.
100-A - Fiduciary Capacities; Appointment by Court Authorized; Bond; Oath; Accounting.
100-B - Investments as Fiduciary; When Interest Is to Be Paid; Preference.
100-D - Foreign Common Trust Funds.
101 - Additional Powers of Certain Trust Companies.
102 - Powers of Specially Chartered Trust Companies.
102-A - Limited Liability Trust Companies.
104 - Entries in Books; Restrictions; Amortization of Securities.
105 - Branch Offices; Prohibition Against Doing Business at Unauthorized Places.
105-A - Electronic Facilities.
107 - Reserves Against Deposits.
107-A - Security for Public Deposits.
108 - Rates of Interest; Installment Obligations; Personal Loan Departments.
108-A - Acceptance of United States Currency.
109 - Closing of Books; Profits; How to Be Computed.
110 - Surplus Fund; of What Composed, and for What Purposes Used.
111 - Profits; Credits to Surplus Fund and to Undivided Profits.
112 - Dividends; Payable From Net Profits; Restrictions.
113 - Change of Location; Change of Designation of Principal Office.
114 - Assessment of Stockholders to Make Good Impairment of Capital Stock; Sale of Stock.
122 - Examinations of Banks and Trust Companies by Directors; Employment of Assistants.
123 - Reports of Directors' Examinations.
125 - Reports to Superintendent; Penalty for Failure to Make.
128 - Preservation of Books and Records.
129 - Requirement of Notice on Withdrawal of Certain Time Deposits; Notice to Superintendent.
129-A - Requirement of Written Notification; Alternative Payment Schedules.
130 - Restrictions on Officers, Directors and Employees.
131 - Prohibitions Against Encroachments Upon Certain Powers of Banks and Trust Companies.
132 - Use of Sign, or Words, Indicating Bank or Trust Company by Unauthorized Persons Prohibited.
133 - Use of Banking Institution Name.
136 - Change of National Banking Association Into State Bank by Conversion or Merger.
136-A - Purchase of Assets of National Banking Association by Bank or Trust Company.
136-B - Approval of Superintendent.
136-C - Effect of Merger or Conversion of National Banking Association Into State Bank.
137 - Change of State Bank Into National Banking Association by Conversion, Merger or Consolidation.
138 - Foreign Branches; Performance of Contracts and Repayment of Deposits.