Current through Reg. 50, No. 187; September 24, 2024
(1) Each family trust company and licensed
family trust company shall maintain a principal office physically located in
this state where original or true copies of all records and accounts of the
family trust company or licensed family company may be accessed and made
readily available for examination or inspection by the Office.
(2) The records and accounts maintained shall
include the following:
(a) Account information
and statements relating to the minimum capital account requirements of section
662.132(1),
F.S.;
(b) Account information and
statements relating to any corporate investments not included under paragraph
(2)(a), above;
(c) All records and
accounting related to the trust company's service in a fiduciary capacity,
segregated as required under section
662.127, F.S.;
(d) General ledgers;
(e) Balance sheet and income
statements;
(f) Operating
accounts;
(g) Any audits prepared
under section 662.141(2),
F.S.;
(h) Records of real and
personal property owned or leased by the licensed family trust
company;
(i) All applicable state
and local business licenses, charters, or permits;
(j) The names and residence addresses of all
stockholders or members of the trust company and the number of shares of stock
or membership units held by each, as well as the ownership percentage of each
stockholder or member;
(k) The
articles of incorporation (or Articles of Organization, Certificate of
Incorporation, Certificate of Formation, or Certificate of Organization
pursuant to section 662.123, F.S.), including all
amendments and restatements;
(l)
The bylaws or operating agreement, including all amendments;
(m) Organizational chart or charts;
(n) A current list of all family members
which states how each family member qualifies as a family member as defined in
section 662.111, F.S.;
(o) A current genealogical chart or table
that includes and identifies all family members;
(p) A current list of all current or former
employees to whom family trust company services are provided and which states
how each such employee or former employee qualifies under section
662.111(12)(d),
F.S., to receive such services;
(q)
All personnel records;
(r) Current
fidelity bond policies required under section
662.126(1),
F.S., for licensed family trust companies;
(s) Current errors and omissions insurance
policies required under section
622.126(4),
F.S., for licensed family trust companies;
(t) A list identifying all
affiliates;
(u) A list identifying
all third-party service providers and the services provided;
(v) Copies of all license and renewal
applications and exhibits submitted to the Office;
(w) The addresses of any branch offices;
and,
(x) All other books of account
and other records that relate to the company's operations in the form in which
they are ordinarily maintained in the course of the company's
business.
(3) Each family
trust company or licensed family trust company may maintain other records not
required by this rule, but such records shall be made readily available for
examination or inspection by the Office.
(4) Each foreign licensed family trust
company shall maintain, at its principal place of operations physically located
in this state, the records below pertaining to its operations and business
conducted in Florida:
(a) All records and
accounting related to the trust company's service in a fiduciary
capacity;
(b) Records of real and
personal property owned or leased by the foreign licensed family trust
company;
(c) All applicable state
and local business licenses, charters, or permits;
(d) Organization chart or charts;
(e) All personnel records;
(f) A list of all third-party service
providers and the services provided;
(g) The addresses of any branch offices;
and,
(h) All other books of account
and other records that relate to the company's operations in the form in which
they are ordinarily maintained in the course of the company's
business.
Rulemaking Authority 662.140 FS. Law Implemented 662.1225,
662.123, 662.124, 662.125(1), (2), 662.126, 662.127, 662.130, 662.131, 662.134,
662.141(3), (4), 662.142, 662.143, 662.145, 662.147(1)
FS.
New 11-19-15, Amended
12-26-16.
