Administrative Rules of Montana
Department 2 - ADMINISTRATION
Chapter 2.59 - BANKING AND FINANCIAL INSTITUTIONS
Subchapter 2.59.21 - Foreign Trust Companies
Rule 2.59.2101 - DEFINITIONS

(1) "Good standing" means the entity is not subject to a supervisory directive, corrective action order, conservatorship, or the equivalent, from a state or federal regulator, and has not had its authority to do business in its home state, any other state, or a foreign jurisdiction suspended or revoked.

(2) "Home state" means the state where a bank or nonbank trust company is chartered.

(3) "Home state regulator" means the supervisory agency of the home state of a bank or nonbank trust company.

(4) "Nonbank trust company" means a foreign non-depository trust company.

(5) "Primary regulator" means the state or federal regulatory agency tasked with being the main supervisory authority of a financial institution.

(6) "Principal office" means an office of a fiduciary foreign trust company that is located in Montana and undertakes activities set forth in 32-1-1002, MCA.

(7) "Trust representative office" means an office of a fiduciary foreign trust company, other than a principal office, located in Montana at which the fiduciary foreign trust company performs activities ancillary to its fiduciary business, but does not engage in any of the activities specified in 32-1-1002, MCA. Examples of ancillary activities include advertising, marketing, and soliciting for fiduciary business; contacting existing or potential customers, answering questions, and providing information about matters related to their accounts; acting as a liaison between the trust office and the customer (such as forwarding requests for distribution or changes in investment objectives, or forwarding forms and funds received from the customer); and inspecting or maintaining custody of fiduciary assets or holding title to real property. A trust representative office is not a "branch" for purposes of 32-1-372, MCA, unless it is also an office at which deposits are received, checks paid, or money lent.

(8) "Well capitalized" means the fiduciary foreign trust company is well capitalized under the existing standards in the home state.