Sec. 06.26.990. Definitions.

AK Stat § 06.26.990 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) In this chapter, unless the context otherwise requires,

(1) “banking” has the meaning given in AS 06.05.990;

(2) “board” means board of directors;

(3) “certificate of authority” means the certificate of authority issued to a corporation under AS 06.26.110;

(4) “chapter” includes regulations adopted under this chapter;

(5) “commissioner” means the commissioner of commerce, community, and economic development;

(6) “customer” means a person using the services of a trust company or a private trust company, and includes a depositor;

(7) “department” means the Department of Commerce, Community, and Economic Development;

(8) “depository” means a person authorized by state or federal law to accept deposits of trust assets;

(9) “exempt private trust company” means a private trust company that has received an exemption under AS 06.26.200;

(10) “family member” means an individual who is related, including relation established by adoption, within the fourth degree by blood or marriage, to the individual whom the relationship is measured;

(11) “fiduciary” means a person to whom the property of another person is entrusted for a purpose specified in a trust instrument or by a court order;

(12) “fiduciary operations” means operations performed by a fiduciary;

(13) “fiduciary services” means services of a fiduciary;

(14) “financial institution” has the meaning given in AS 06.05.990;

(15) “governmental regulator” means a governmental agency responsible for regulating persons who act as fiduciaries;

(16) “home jurisdiction regulator” means the governmental agency responsible for regulating an interstate state trust company, interstate national trust company, or international trust company in the jurisdiction where the trust company is chartered or otherwise organized;

(17) “insider” has the meaning given in 12 C.F.R. 215.2;

(18) “international trust company” means an organization that provides fiduciary services and has offices in countries other than the country in which the home office of the entity is located;

(19) “interstate national trust company” means an organization

(A) that is chartered as a bank by the United States;

(B) whose powers are limited to providing fiduciary services; and

(C) that has offices in a state of the United States other than the state in which the home office of the organization is located;

(20) “interstate state trust company” means an organization that

(A) provides fiduciary services;

(B) holds a charter, license, certificate, or other type of authorization from this or another state of the United States that authorizes the organization to provide fiduciary services; and

(C) has offices in a state of the United States other than the state in which the home office of the organization is located;

(21) “issuer” has the meaning given in AS 45.56.900;

(22) “national bank” has the meaning given in AS 06.05.990;

(23) “offer fiduciary services to the general public” means to advertise fiduciary services, solicit fiduciary services work, or market fiduciary services in any medium, including an electronic medium, regardless of whether a fee, commission, or any other type of remuneration is charged or received;

(24) “personal representative” has the meaning given in AS 13.06.050;

(25) “private trust company” means a person who acts as a fiduciary, is not exempt under AS 06.26.020(a) or (c), and qualifies under AS 06.26.200(c);

(26) “purchasing trust company” means a trust company purchasing all or substantially all of the assets of another trust company;

(27) “representative office” means an office that provides support services for a trust company, but at which the trust company does not provide fiduciary services;

(28) “resident of this state” means an individual who is physically present in Alaska and who intends to remain indefinitely in Alaska;

(29) “selling trust company” means a trust company selling all or substantially all of its assets;

(30) “state bank” has the meaning given in AS 06.05.990;

(31) “state financial institution” means an institution organized under this title if the deposits of the institution are insured by an agency of the federal government;

(32) “trust account” means an account at a trust company for trust assets;

(33) “trust assets” means assets held in trust for another person;

(34) “trust company” means a person who is organized under this chapter to act as a fiduciary and to provide fiduciary services to the general public;

(35) “trust company assets” means assets that are not trust assets and that are owned by a trust company;

(36) “trust holding company” means an organization formed for the purpose of owning a trust company;

(37) “trust office” means an office that provides fiduciary services;

(38) “within the fourth degree” means a child, a grandchild, a great-grandchild, a parent, a sister, a brother, a niece, a nephew, a grandniece, a grandnephew, a grandparent, an aunt, an uncle, a first cousin, a great-grandparent, a great-aunt, a great-uncle, and a great-great-grandparent.

(b) In AS 06.26.220, 06.26.450 - 06.26.470, 06.26.510, 06.26.870, and 06.26.890, “control” means owning, or holding with the power to vote, 25 percent or more of the voting securities or other capital stock.