23-51-121. Investment in state trust company facilities — Definition.

23-51-121. Investment in state trust company facilities — Definition. (a) In this chapter, “state trust company facility” means real estate, including an improvement, owned, or leased to the extent the lease or the leasehold improvements are capitalized, by a state trust company for the purpose of: (1) Providing space for state trust company employees to perform their duties and space for parking by state trust company employees and customers; (2) Conducting trust business, including meeting the reasonable needs and convenience of the state trust company's customers, computer operations, document and other item processing, maintenance and record retention and storage; (3) Holding, improving, and occupying as an incident to future expansion of the state trust company's facilities; or (4) Conducting another activity authorized by rules adopted under this chapter. (b) Without the prior written approval of the Bank Commissioner, a state trust company may not directly or indirectly invest an amount in excess of its capital and surplus in state trust company facilities, furniture, fixtures, and equipment. Except as otherwise provided by rules adopted under this chapter, in computing this limitation a state trust company: (1) Shall include: (A) Its direct investment in state trust company facilities; (B) Any investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by subsection (a) of this section; (C) Any loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and (D) Any indebtedness incurred on state trust company facilities by a company: (i) That holds title to the facility; (ii) That is an affiliate of the state trust company; and (iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and (2) May exclude an amount included under subdivisions (b)(1)(B)-(D) of this section to the extent any lease of a facility from the company holding title to the facility is capitalized on the books of the state trust company. (c) Real estate acquired under subdivision (a)(3) of this section and not improved and occupied by the state trust company ceases to be a state trust company facility on the third anniversary of the date of its acquisition, unless the commissioner on application grants written approval to further delay in the improvement and occupation of the property by the state trust company. (d) A state trust company shall comply with generally accepted accounting principles, consistently applied, in accounting for its investment in and depreciation of state trust company facilities, furniture, fixtures, and equipment.