RCW 30B.04.040
Activities not requiring certificate of authority or approval under this title.
A person is exempt from the requirement of a certificate of authority or approval under this title if the person is:
(1) An individual, sole proprietor, or general partnership or joint venture composed of individuals;
(2) Engaging in business in Washington state (a) as a national banking association or (b) as a federal mutual savings bank, federal stock savings bank, or federal savings and loan association under authority of the office of the comptroller of the currency;
(3) Acting in a manner otherwise authorized by law and within the scope of authority as an agent of a trust institution with respect to an activity which is not an unauthorized trust activity;
(4) Acting as a fiduciary solely by reason of being appointed by a court to perform the duties of a trustee, guardian, conservator, or receiver;
(5) While holding oneself out to the public as an attorney-at-law, law firm, or limited license legal technician, performing a service customarily performed as an attorney-at-law, law firm, or limited license legal technician in a manner approved and authorized by the supreme court of the state of Washington;
(6) Acting as an escrow agent pursuant to the escrow agent registration act, chapter 18.44 RCW, or in one's capacity as an authorized title agent under Title 48 RCW;
(7) Acting as trustee under a deed of trust delivered only as security for the payment of money or for the performance of another act;
(8) Receiving and distributing rents and proceeds of sale as a licensed real estate broker on behalf of a principal in a manner authorized by the Washington department of licensing;
(9) Engaging in a commodities or securities transaction or providing an investment advisory service in the capacity of a registered broker-dealer, investment advisor, or registered representative thereof, provided the activity is regulated by the department, the United States commodities futures trading commission, or the United States securities and exchange commission;
(10) Engaging in the sale and administration of an insurance product by an insurance company or agent licensed by the office of the insurance commissioner to the extent that the activity is regulated by the office of the insurance commissioner;
(11) Acting as trustee under a voting trust as provided by Washington state law;
(12) Acting as trustee by a public, private, or independent institution of higher education or a university system authorized under Washington state law, including its affiliated foundations or corporations, with respect to endowment funds or other funds owned, controlled, provided to, or otherwise made available to such institution with respect to its educational or research purposes;
(13) Acting as a private trust or private trust company to the extent exempt from regulation of the department as set forth in chapter 30B.64 RCW; or
(14) Engaging in other activities expressly excluded from the application of this title by rule of the director.
[ 2019 c 389 § 4; 2014 c 37 § 306.]
Structure Revised Code of Washington
Title 30B - Washington Trust Institutions Act
Chapter 30B.04 - General Provisions.
30B.04.010 - Name of trust institution—Use of trust in name.
30B.04.020 - Rules—Administration and interpretation of title.
30B.04.030 - Persons authorized to act as a fiduciary.
30B.04.040 - Activities not requiring certificate of authority or approval under this title.
30B.04.060 - Confidentiality of examination information.
30B.04.070 - Limits on loans to insiders and affiliates—Exceptions.
30B.04.080 - Transactions in state trust company shares.
30B.04.090 - Investment of corporate funds—Securities.
30B.04.100 - Investment in corporations—Subsidiaries.
30B.04.110 - Pledge of assets.
30B.04.120 - Investment in state trust company facilities.
30B.04.130 - Separation of trust records—Recordkeeping.
30B.04.140 - Legal services, advertising of—Penalty.
30B.04.160 - Choice of law clauses.