South Carolina Code of Laws
Chapter 21 - Banks And Corporations Doing Trust Business
Section 34-21-40. Forms of security for funds received or held in trust.

Funds received or held in the trust department of the bank or by a trust company awaiting investment or distribution must be secured to the trust department or trust company if these funds have been deposited in its own bank, in any of its affiliate banks, or in any other banking corporation by:
(1) furnishing an indemnity bond in a responsible surety company authorized to do business in this State; or
(2) pledging as collateral:
(a) obligations of the United States;
(b) obligations fully guaranteed both as to principal and interest by the United States;
(c) general obligations of this State or a political subdivision of this State; or
(d) obligations of the Federal National Mortgage Association, the Federal Home Loan Banks, Federal Farm Credit Banks, or the Federal Home Loan Mortgage Corporation; or
(3) providing an irrevocable letter of credit issued by the Federal National Mortgage Association, the Federal Home Loan Banks, Federal Farm Credit Banks, or the Federal Home Loan Mortgage Corporation, in which the letter of credit otherwise meets any criteria established and prescribed by the State Treasurer for public funds.
HISTORY: 1962 Code Section 8-583; 1952 Code Section 8-583; 1942 Code Section 7907; 1932 Code Section 7907; 1930 (36) 1367; 1991 Act No. 156, Section 1, eff June 12, 1991; 2006 Act No. 308, Section 1, eff upon approval (became law without the Governor's signature on June 1, 2006).
Effect of Amendment
The 1991 amendment added "of the bank or by a trust company", "or trust company", and "in any of its affiliate banks".
The 2006 amendment substituted items (1) to (4) for "bonds acceptable for the securing of public funds in the State equal in market value to the amount of funds deposited".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 34 - Banking, Financial Institutions and Money

Chapter 21 - Banks And Corporations Doing Trust Business

Section 34-21-10. Written approval from State Board of Bank Control is required to conduct trust business.

Section 34-21-20. Examination; rules and regulations.

Section 34-21-30. Fiduciary assets must be segregated; separate books and records; officer in charge.

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 34-21-280. Collective investment fund may be considered as a whole in determining propriety of investment.

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.