(1) A trust institution administering a common trust fund shall at least once during each period of twelve months cause an adequate audit to be made of the common trust fund by auditors responsible only to the board of directors of the bank. In the event that such audit is performed by independent public accountants, the reasonable expenses of such audit may be charged to the common trust fund.
(2) A trust institution administering a common trust fund shall at least once during each period of twelve months prepare a financial report of the fund which shall be filed with the Comptroller of the Currency in the case of national banks and with the State Board of Bank Control in the case of State banks. This report, based upon the above audit, shall contain a list of the investments in the fund showing the cost and the market value of each investment; a statement for the period since the previous report showing purchases, with cost; sales, with profit or loss, and any other investment changes; income and disbursements; and an appropriate notation as to any investments in default.
(3) The financial report may include a description of the fund's value on previous dates as well as its income and disbursements during previous accounting periods. The report shall make no reference to the performance of funds other than those administered by the bank and no predictions or representations as to future results.
(4) A copy of the financial report shall be furnished, or notice shall be given that a copy of such report is available and will be furnished without charge upon request, to each person to whom a regular periodic accounting would ordinarily be rendered with respect to each participating account. In addition, a full report shall be furnished to any person, and the fact of the availability of such material may be given publicity solely in connection with the promotion of the fiduciary services of the trust institution. Except as herein provided, the trust institution shall not advertise or publicize its common trust fund(s). The cost of printing and distribution of the report shall be borne by the trust institution.
HISTORY: 1962 Code Section 8-599.3; 1955 (49) 538; 1965 (54) 608; 1969 (56) 733.
Structure South Carolina Code of Laws
Title 34 - Banking, Financial Institutions and Money
Chapter 21 - Banks And Corporations Doing Trust Business
Section 34-21-20. Examination; rules and regulations.
Section 34-21-40. Forms of security for funds received or held in trust.
Section 34-21-50. Investment of funds.
Section 34-21-60. Investments shall be kept separate.
Section 34-21-70. Custody of securities.
Section 34-21-210. Definitions.
Section 34-21-220. Collective investment of funds.
Section 34-21-230. Written plan for fund.
Section 34-21-240. Amendments to plan.
Section 34-21-250. Management, control, and ownership of fund.
Section 34-21-260. Propriety of investments in fund.
Section 34-21-270. Limitation on investment in obligations of any one person, firm, or corporation.
Section 34-21-290. Authority of estates restricted to legal investments.
Section 34-21-300. Authority of estates not restricted to legal investments.
Section 34-21-310. Limitation on interest of any one participant in collective investment fund.
Section 34-21-320. Making and withdrawing investments.
Section 34-21-330. Nature of interest in fund.
Section 34-21-340. Certificates and other documents evidencing interest in fund shall not be issued.
Section 34-21-350. Records of investments.
Section 34-21-360. Trust institution shall not invest in own fund.
Section 34-21-370. Management fees prohibited; reimbursement for expenses.
Section 34-21-380. Annual audit of fund; financial report.
Section 34-21-390. Valuation of securities in fund.
Section 34-21-400. Court accounting of fund.
Section 34-21-410. Mistakes in administration.
Section 34-21-420. Other common trust funds are not prohibited.
Section 34-21-430. Obligations in which funds may be collectively invested.