Section 11-1.6. Property held as fiduciary to be kept separate  


Latest version.
  • (a) Every fiduciary shall keep property received as fiduciary separate
      from  his  individual  property.  He  shall  not  invest or deposit such
      property with any corporation or other person doing business  under  the
      banking  law,  or with any other person or institution, in his own name,
      but all transactions by him affecting such property shall be in his name
      as fiduciary; provided, however, that any bank or  trust  company,  when
      acting  as  fiduciary,  whether alone or jointly with an individual, may
      with the consent of the individual fiduciary,  if  any  (who  is  hereby
      authorized  to  give  such  consent),  register  and hold stock or other
      securities (referred to in this section as "securities") in the name  of
      the  nominee  of such bank or trust company; and provided, further, that
      any individual acting as fiduciary is authorized to direct any  bank  or
      trust  company  incorporated  under the laws of this state, any national
      bank located in this state or any private banker duly authorized by  the
      superintendent  of  banks of this state to engage in business here (who,
      as private banker, maintains a permanent capital of not  less  than  one
      million  dollars)  to  register and hold any securities in the name of a
      nominee of such bank, trust company or private banker  (referred  to  in
      this  section  as "bank"). Such bank shall not redeliver such securities
      to the individual fiduciary, who authorized their  registration  in  the
      name  of a nominee of the bank, without first registering the securities
      in the name of the individual fiduciary, as such. But, any sale of  such
      securities  by  the  bank  at  the direction of the individual fiduciary
      shall not be treated as a redelivery. The bank may make any  disposition
      of such securities which is authorized or directed by an order or decree
      of the court having jurisdiction of the estate or trust.
        (b) Any bank shall be absolutely liable for any loss occasioned by the
      acts of its nominee with respect to the securities so registered.
        (c)  The records of such bank shall at all times show the ownership of
      any such securities and of those held in bearer  form.  Such  securities
      and  those  held in bearer form shall at all times be kept separate from
      the assets of the bank and may be kept by such bank
        (A) in a manner such that all certificates representing the securities
      from time to time constituting the assets of a particular estate,  trust
      or  other  fiduciary  account  are held separate from those of all other
      estates, trusts or other fiduciary accounts; or
        (B) in a manner such  that,  without  certification  as  to  ownership
      attached,  certificates representing securities of the same class of the
      same issuer and from time to  time  constituting  assets  of  particular
      estates, trusts or other fiduciary accounts are held in bulk, including,
      to   the   extent   feasible,  the  merging  of  certificates  of  small
      denomination into  one  or  more  certificates  of  large  denomination,
      provided  that  a  bank,  when operating under the method of safekeeping
      security certificates described  in  this  subparagraph  (B),  shall  be
      subject to such rules and regulations as, in the case of state chartered
      institutions,  the  state  banking  board  and,  in the case of national
      banking associations, the comptroller of the currency may from  time  to
      time  issue.  Such  banks  shall, on demand by the fiduciary, certify in
      writing the securities held for such fiduciary.
        (d) Any person violating any of the provisions of this  section  shall
      be guilty of a misdemeanor.
        (e)  This  section  shall  apply  to  all  estates  and  trusts now in
      existence or which may hereafter come into existence.