Missouri Code of State Regulations
Title 15 - ELECTED OFFICIALS
Division 30 - Secretary of State
Chapter 120 - Family Trust Company
Section 15 CSR 30-120.020 - Application to Register as a Family Trust Company

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule prescribes the forms adopted and approved for filing with the secretary.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome and expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This not applies only to the reference material. The entire text of the rule is printed here.

(1) A family trust company seeking to register under section 362.1030, RSMo, must pay a nonrefundable five thousand dollar ($5,000) filing fee for deposit into the Family Trust Company Fund accompanied by a completed registration application on Form FTC- 01, "Application to Register as a Family Trust Company," revised 12/2017, which is incorporated by reference in this rule and published by the secretary, 600 W. Main Street, PO Box 1276, Jefferson City, MO 65102, and available at https://www.sos.mo.gov. This rule does not incorporate any subsequent amendments or additions.

(2) The application must contain all information required by the form and the following exhibits:

(A) Exhibit A Family Members;

(B) Exhibit B Organizational Instrument;

(C) Exhibit C Bylaws or Operating Agreement;

(D) Exhibit D Statement Regarding Maintenance of Company and Fiduciary Records; and

(E) Exhibit E List of Proposed Stockholders or Members.

(F) Exhibit F Statement Regarding Maintenance of Corporate and Fiduciary Records; and

(G) Exhibit G List of All Stockholders or Members.

(3) The name of the family trust company must contain the words "Family Trust."

(4) The statement provided in application Exhibit D, Statement Regarding Maintenance of Company and Fiduciary Records, must describe in detail how the proposed family trust company will maintain accurate company and fiduciary services records. The statement must identify by name any automated accounting system software or third-party accounting service provider to be used for company and fiduciary accounting. Any fiduciary accounting system should pro- vide fiduciary accounting separate from company accounts as provided in section 362.1050, RSMo. If accounting and bookkeeping functions are to be performed off the premises of the proposed family trust company's principal place of business, name the servicing agent, and describe any affiliation by way of ownership, directorship, or common employment of personnel which the proposed family trust company may have with the servicing agent.

(5) The application must be signed under penalty of perjury by the applicant's authorized representative.

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