RCW 30A.04.240
Trust business to be kept separate—Authorized deposit of securities.
(1) A person authorized under this title or Title 30B RCW to engage in a trust business shall maintain in its office a trust department in which it shall keep books and accounts of its trust business, separate and apart from its other business. Such books and accounts shall specify the cash, securities and other properties, real and personal, held in each trust, and such securities and properties shall be at all times segregated from all other securities and properties except as otherwise provided in this section.
(2) Any person connected with a bank who shall, contrary to this section or any other provision of law, commingle any funds or securities of any kind held by such corporation in trust, for safekeeping or as agent for another, with the funds or assets of the corporation is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) Notwithstanding any other provisions of law, any fiduciary holding securities in its fiduciary capacity or any state bank or national bank holding securities as fiduciary or as custodian for a fiduciary is authorized to deposit or arrange for the deposit of such securities: (a) In a clearing corporation (as defined in Article 8 of the Uniform Commercial Code, chapter 62A.8 RCW); (b) within another state bank, national bank, or trust company having trust power whether located inside or outside of this state; or (c) within itself. When such securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation or state bank, national bank, or trust company holding the securities as the depository, with any other such securities deposited in such clearing corporation or depository by any person, regardless of the ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of such fiduciary and the records of such state bank, national bank, or trust company as a fiduciary or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, such securities may be transferred by bookkeeping entries on the books of such clearing corporation, state bank, national bank, or trust company without physical delivery or alteration of certificates representing such securities. A state bank, national bank, or trust company so depositing securities pursuant to this section shall be subject to such rules and regulations as, in the case of state-chartered banks, the director and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A state bank or national bank acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such state bank or national bank in such clearing corporation or state bank, national bank, or trust company acting as such depository for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary's account or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary in such clearing corporation or state bank, national bank, or trust company acting as such depository for its account as such fiduciary.
This subsection shall apply to any fiduciary holding securities in its fiduciary capacity, and to any state bank or national bank holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on March 14, 1973 or who thereafter may act regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not such fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of such clearing corporation.
[ 2014 c 37 § 126; 2013 c 76 § 6; 2003 c 53 § 184; 1994 c 92 § 25; 1979 c 45 § 1; 1973 c 99 § 1; 1955 c 33 § 30.04.240. Prior: 1919 c 209 § 16; 1917 c 80 § 49; RRS § 3256. Formerly RCW 30.04.240.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Structure Revised Code of Washington
Title 30A - Washington Commercial Bank Act
Chapter 30A.04 - General Provisions.
30A.04.005 - Legislative declarations.
30A.04.007 - Notice—Use of internet—Rules.
30A.04.017 - Director's subpoenas—Unauthorized banking activity.
30A.04.020 - Use of words indicating bank or trust company—Penalty.
30A.04.025 - Financial institutions—Loan charges—Out-of-state national banks.
30A.04.030 - Rules—Administration and interpretation of title.
30A.04.045 - Director—Powers under chapter 19.144 RCW.
30A.04.050 - Duty to comply—Violations—Penalty.
30A.04.060 - Examinations directed—Cooperative agreements and actions.
30A.04.070 - Costs of examination, filing, and other service fees—Nondirect expenses.
30A.04.075 - Examination reports and information—Confidentiality—Disclosure—Penalty.
30A.04.112 - "Loans or obligations" and "liabilities" limited for purposes of RCW 30.04.111.
30A.04.120 - Loans on own stock prohibited—Shares of other corporations.
30A.04.125 - Investment in corporations—Authorized businesses.
30A.04.129 - Investment in obligations issued or guaranteed by multilateral development bank.
30A.04.130 - Defaulted debts, judgments to be charged off—Valuation of assets.
30A.04.140 - Pledge of securities or assets prohibited—Exceptions.
30A.04.210 - Real estate holdings.
30A.04.212 - Real property and improvements thereon.
30A.04.214 - Qualifying community investments.
30A.04.215 - Engaging in other business activities.
30A.04.220 - Corporations existing under former laws.
30A.04.225 - Contributions and gifts.
30A.04.238 - Purchase of own capital stock authorized.
30A.04.240 - Trust business to be kept separate—Authorized deposit of securities.
30A.04.260 - Legal services, advertising of—Penalty.
30A.04.280 - Compliance enjoined—Banking, trust business, branches—Director's authority—Rules.
30A.04.295 - Agency agreements—Written notice to director.
30A.04.300 - Foreign branch banks.
30A.04.330 - Saturday closing authorized.
30A.04.375 - Investment in stock, participation certificates, and other evidences of participation.
30A.04.390 - Acquisition of stock of banks organized under laws of foreign country, etc.
30A.04.395 - Continuing authority for investments.
30A.04.400 - Bank acquisition or control—Definitions.
30A.04.410 - Bank acquisition or control—Disapproval by director—Change of officers.
30A.04.450 - Notice of charges—Reasons for issuance—Contents—Hearing—Cease and desist order.
30A.04.455 - Temporary cease and desist order—Reasons for issuance.
30A.04.465 - Violations or unsafe or unsound practices—Injunction to enforce temporary order.
30A.04.500 - Fairness in lending act—Short title.
30A.04.505 - Fairness in lending act—Definitions.
30A.04.510 - Fairness in lending act—Unlawful practices.
30A.04.515 - Fairness in lending act—Sound underwriting practices not precluded.
30A.04.550 - Reorganization as subsidiary of bank holding company—Authority.
30A.04.555 - Reorganization as subsidiary of bank holding company—Procedure.
30A.04.560 - Reorganization as subsidiary of bank holding company—Dissenter's rights—Conditions.
30A.04.575 - Public hearing prior to approval of reorganization—Request.
30A.04.600 - Shareholders—Actions authorized without meetings—Written consent.
30A.04.605 - Directors, committees—Actions authorized without meetings—Written consent.
30A.04.650 - Automated teller machines and night depositories security.