Current through Register Vol. 49, No. 6, March 15, 2024
(1) Each 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 may be accessed and made readily available for examination or
inspection by the secretary.
(2)
The records and accounts maintained shall be retained for at least ten (10)
years and shall include the following;
(A)
Account information and statements relating to the minimum capital account
requirements of section 362.1035.1, RSMo;
(B) Account information and statements
relating to any company investments not included under subsection (2)(A),
above;
(C) All records and
accounting related to the trust company's service in a fiduciary capacity,
segregated as required under section
362.1050,
RSMo
(D) General ledgers;
(E) Balance sheet and income
statements;
(F) Operating
accounts;
(G) The results of and
all information pertaining to any examinations prepared under section
362.1085,
RSMo;
(H) Records of real and
personal property owned or leased by the 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 organizational instrument (articles
of organization or articles of incorporation pursuant to section
362.1040, RSMo), 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 362.1015, RSMo;
(O) All personnel records;
(P) A list identifying all
affiliates;
(Q) Copies of all
registration and annual registration reports and exhibits submitted to the
secretary;
(R) The addresses of any
branch offices; and
(S) 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.
(T) The addresses of any
branch offices; and
(U) 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 may maintain other records not required by this rule, but
such records shall be made readily available for examination or inspection by
the secretary.
(4) Each foreign
family trust company shall maintain and retain for at least ten (10) years, at
its principal place of operations physically located in this state, the records
below pertaining to its operations and business conducted in Missouri:
(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 family trust company;
(C) All applicable state and local business
licenses, charters, or permits;
(D)
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;
(E) Organization chart or charts;
(F) All personnel records;
(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.
