Section 102-A. Limited liability trust companies  


Latest version.
  • 1. Trust companies which
      (a) do not receive deposits from the general public and  (b)  have  been
      exempted   by  the  banking  board  from  the  requirements  of  section
      thirty-two of this chapter,  may  be  formed  and  operated  as  limited
      liability  trust companies. Such limited liability trust companies shall
      be formed in accordance with, shall  operate  in  compliance  with,  and
      shall  meet all of the requirements of the limited liability company law
      and this chapter, except that to the extent any provision of the limited
      liability company law shall be inconsistent with the provisions of  this
      chapter, the provisions of this chapter shall govern; provided, however,
      that   limited  liability  trust  companies  shall  not  have  perpetual
      existence.
        2. Notwithstanding any other provision  of  this  chapter,  a  limited
      liability trust company shall dissolve and its affairs shall be wound up
      upon  the occurrence of any event specified in section seven hundred one
      of the limited liability company  law.  Upon  such  a  dissolution,  the
      provisions of this chapter shall govern the winding up of the affairs of
      the  limited liability trust company and the distribution of its assets.
      Further, upon such a dissolution, if the members of a limited  liability
      trust company wish to continue the existence of the company and meet the
      requirements  of  section  seven  hundred  one  of the limited liability
      company law, they shall apply for and may receive the  approval  of  the
      superintendent  for new articles of organization and a new authorization
      certificate.
        3. Trust companies which have been formed and are  operating  pursuant
      to  this  article  and  article fifteen of this chapter on the effective
      date of this section, and which meet the requirements of subdivision one
      of this section, may, with the approval of the  banking  board,  convert
      into  limited  liability trust companies, provided that they meet all of
      the other requirements of this chapter as  if  they  were  newly  formed
      companies.
        4.  The superintendent is hereby authorized and empowered to make such
      general rules  and  regulations  as  may  be  necessary  and  proper  to
      effectuate  the provisions of this chapter relating to the formation and
      operation of limited liability trust companies.