Section 96-C. Power to act as trustee under self-employed retirement trust or individual retirement trust  


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  • Every bank without fiduciary powers may,  subject  to  any  regulations  and  restrictions   prescribed   by   the
      superintendent  of  banks,  act  as  trustee  under  a  retirement  plan
      established pursuant to the provisions of the act of  congress  entitled
      "Self-employed   Individuals   Tax  Retirement  Act  of  1962"  as  such
      provisions may be amended from time to time,  and  under  an  individual
      retirement  account  plan  established pursuant to the amendments to the
      provisions of the Internal Revenue Code contained in the act of congress
      entitled "Employee Retirement Income  Security  Act  of  1974"  as  such
      provisions  may  be  amended  from  time  to  time,  provided  that  the
      provisions of such retirement  or  individual  retirement  account  plan
      require  the  funds of such trust to be invested exclusively in deposits
      in banks, trust companies, savings banks, savings and loan  associations
      or  federal  savings  and  loan associations whose principal offices are
      located in this  state.  In  the  event  that  any  such  retirement  or
      individual  retirement  account plan, which in the judgment of the bank,
      constituted a qualified plan under the provisions of the applicable  act
      of  congress  hereinabove  mentioned  and  the  regulations  promulgated
      thereunder at the time the trust was established  and  accepted  by  the
      bank  is  subsequently  determined  not  to  be such a qualified plan or
      subsequently ceases to be such a qualified plan, in whole  or  in  part,
      the  bank  may, nevertheless, continue to act as trustee of any deposits
      theretofore made  under  such  plan  and  to  dispose  of  the  same  in
      accordance  with  the  directions of the depositor and the beneficiaries
      thereof. No bank, in respect to deposits made under this section,  shall
      be required to segregate such deposits from other deposits of such bank,
      provided,  however, that the bank shall keep appropriate records showing
      in proper detail all transactions engaged in under the authority of this
      section.