Section 202-J. Power to act as trustee under self-employed retirement trust or individual retirement trust  


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  • Each such  foreign  banking  corporation  which  is  authorized to maintain a branch or branches in this state the
      deposits  of  which  are  insured  by  the  federal  deposit   insurance
      corporation  or any successor may, subject to any regulations prescribed
      by the banking board, act through any such branch  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
      of  branches  of  foreign banking corporations located in this state the
      deposits  of  which  are  insured  by  the  federal  deposit   insurance
      corporation  or any successor and in deposits of banks, trust companies,
      savings banks, savings and loan associations, federal mutual savings  or
      federal  savings  banks  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 foreign banking corporation 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  foreign  banking  corporation  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 foreign
      banking corporation 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 foreign banking corporation, in  respect  to  deposits  made
      under  this  section,  shall be required to segregate such deposits from
      other deposits of such foreign banking corporation,  provided,  however,
      that  the  foreign  banking  corporation  shall keep appropriate records
      showing in proper detail all transactions engaged in under the authority
      of this section.