North Carolina General Statutes
Article 24 - Trust Companies and Interstate Trust Business.
§ 53-323 - Foreign trust institution application for trust office or representative trust office.

53-323. Foreign trust institution application for trust office or representative trust office.
Before establishing or acquiring and maintaining a trust office in this State, a foreign trust institution shall make application to the Commissioner for permission to do so in the English language and in the form required by the Commissioner. The application shall be preceded or accompanied by:
(1) Evidence satisfactory to the Commissioner of compliance with all applicable requirements of Article 15 of Chapter 55 of the General Statutes;
(2) Evidence satisfactory to the Commissioner of compliance by the foreign trust institution with any applicable requirements of its home country regulator for maintenance of capital, for expansion within the borders of its home country or within a political subdivision of its home country, and for acquiring or establishing and maintaining the trust office in this State;
(3) Evidence satisfactory to the Commissioner that the foreign trust institution is not in a hazardous condition;
(4) Unless waived by the Commissioner, a copy of the resolution adopted by the board of directors of the foreign trust institution, or similar governing body or a duly-authorized committee thereof, authorizing the trust office; and
(5) Payment of any fee set by rule.
The Commissioner may require any materials not written in the English language to be translated, and the translation certified in a manner satisfactory to the Commissioner, at the expense of the foreign trust institution. (2001-263, s. 1; 2005-269, s. 14.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 53 - Regulation of Financial Services

Article 24 - Trust Companies and Interstate Trust Business.

§ 53-301 - Definitions.

§ 53-302 - Title and purposes.

§ 53-303 - Companies authorized to engage in trust business.

§ 53-304 - Activities not requiring a charter, license, or approval.

§ 53-305 - Trust business of State trust institution.

§ 53-306 - Trust business of out-of-state trust institution.

§ 53-307 - Trust business of foreign trust institution.

§ 53-308 - Name of trust institution.

§ 53-309 - Trust deposits of authorized trust institutions.

§ 53-310 - Offices of State trust companies.

§ 53-311 - State trust company principal office.

§ 53-312 - Trust offices; representative trust offices.

§ 53-313 - Out-of-state trust offices and representative trust offices.

§ 53-314 - Trust business through a branch or trust office.

§ 53-315 - Establishing an interstate trust office.

§ 53-316 - Acquiring an interstate trust office.

§ 53-317 - Requirement of notice.

§ 53-318 - Action on notice.

§ 53-319 - Additional trust offices; representative trust offices.

§ 53-320 - Examinations; periodic reports; cooperative agreements; assessment of fees.

§ 53-321 - Enforcement.

§ 53-322 - Notice of transactions that cause a change in control.

§ 53-323 - Foreign trust institution application for trust office or representative trust office.

§ 53-324 - Conditions for approval.

§ 53-325 - Additional trust offices and representative trust offices.

§ 53-326 - Examinations; periodic reports; cooperative agreements; assessment of fees.

§ 53-327 - Enforcement.

§ 53-328 - Notice of transactions that cause a change in control.

§ 53-329 - International agreements.

§ 53-330 - Title and purposes.

§ 53-331 - Organization and powers of State trust company.

§ 53-332 - Articles of incorporation of State trust company.

§ 53-333 - Application for State trust company charter and permission to incorporate State trust company.

§ 53-334 - Notice and investigation of charter application.

§ 53-335 - Decision on charter application and hearing.

§ 53-336 - Issuance of charter.

§ 53-337 - Required initial capital.

§ 53-338 - Subordinated notes or debentures.

§ 53-339 - Application of laws relating to general business corporations.

§ 53-340 - Investment in State trust company facilities.

§ 53-341 - Other real estate.

§ 53-342 - Securities and other investments.

§ 53-343 - Prohibited distributions, acquisitions, liens, or pledges.

§ 53-344 - Subsidiaries.

§ 53-345 - Engaging in commerce prohibited.

§ 53-346 - Lending and lease financing; conversion to State bank.

§ 53-347 - Acquisition of control.

§ 53-348 - Application regarding acquisition of control.

§ 53-349 - Decision on acquisition of control.

§ 53-350 - Appeal.

§ 53-351 - Report of changes in chief executive officer or directors.

§ 53-352 - Board of directors.

§ 53-353 - Required board meetings.

§ 53-354 - Officers.

§ 53-355 - Certain criminal offenses.

§ 53-356 - Responsibility of directors.

§ 53-357 - Record keeping.

§ 53-358 - Bonding requirements; reports of apparent crime.

§ 53-359 - Merger, share exchange, or asset transfer authority.

§ 53-360 - Merger, share exchange, or asset transfer application.

§ 53-361 - Notice and investigation of merger, share exchange, or asset transfer; decision, hearing, and appeal.

§ 53-362 - Appraisal rights of shareholders in mergers, share exchanges, or asset transfers.

§ 53-363 - Private trust companies.

§ 53-364 - Requirements to apply for and maintain status as a private trust company.

§ 53-365 - Conversion to public trust company.

§ 53-366 - Applicability of other laws to authorized trust institutions; status of State trust company.

§ 53-367 - Commissioner shall have supervision over authorized trust institutions and shall examine.

§ 53-368 - Assessment of State trust companies.

§ 53-369 - Administrative orders; penalties for violation; increase of equity capital.

§ 53-370 - Notice and opportunity for hearing.

§ 53-371 - Removal of directors, officers, and employees.

§ 53-372 - Required vote of shareholders.

§ 53-373 - Corporate procedure.

§ 53-374 - Authority to liquidate; publication.

§ 53-375 - Examination and reports.

§ 53-376 - Unclaimed property.

§ 53-377 - When Commissioner may take charge.

§ 53-378 - Directors may act.

§ 53-379 - Notice of seizure; bar to attachment of liens.

§ 53-380 - Notice to trust institutions, corporations, and others holding assets; existing liens.

§ 53-381 - Permission to resume business.

§ 53-382 - Remedy for seizure; answer to notice; injunction; appeal; and motions.

§ 53-383 - Collection of debts and claims; Commissioner succeeds to all property of the State trust company.

§ 53-384 - Bond of the Commissioner; surety; condition; minimum penalty.

§ 53-385 - Inventory.

§ 53-386 - Notice and time for filing claims.

§ 53-387 - Power to reject claims; notice; affidavit of service; action on claims.

§ 53-388 - List of claims presented, copies, and proviso.

§ 53-389 - Declaration of dividends; order of preference in distribution.

§ 53-390 - Deposit of funds collected.

§ 53-391 - Employment of counsel, accountants, and other experts; compensation.

§ 53-392 - Unclaimed dividends held in trust.

§ 53-393 - Action by the Commissioner following full settlement.

§ 53-394 - Annual report of the Commissioner; items included; reports of condition of State trust companies.

§ 53-395 - Compensation of the Commissioner's office.

§ 53-396 - Exclusive method of liquidation.

§ 53-397 - Disposition of books and records.

§ 53-398 - Destruction of books and records.

§ 53-399 - Petition for new trustee.

§ 53-400 - Report to the Secretary of State.

§ 53-401 - Provisions for conservator; duties and powers.

§ 53-402 - Examination.

§ 53-403 - Termination of conservatorship.

§ 53-404 - Rights and liabilities of conservator.

§ 53-405 - Naming of conservator not liquidation.

§ 53-406 - Sale of assets by board of jeopardized State trust company.

§ 53-407 - Authority to act as disbursing agent.

§ 53-408 - Payment to creditors.

§ 53-409 - Issuance of preferred shares by jeopardized trust company.

§ 53-410 - Commissioner to act under authority of the Commission.

§ 53-411 - Rules.

§ 53-412 - Commissioner hearings; appeals.

§ 53-413 - Civil enforcement.

§ 53-414 - Cancellation of charter.

§ 53-415 - Severability.

§ 53-420 - Affiliate transfers authorized; procedure.

§ 53-421 - Objection to affiliate transfer.

§ 53-422 - Effect of affiliate transfer.

§ 53-423 - Trust institution as agent.

§ 53-424 - Construction.