Arkansas Legal Resource Navigator

28-66-113. Investments.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-66-113. Investments.

28-66-113. Investments. (a)(1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court. (2) However, a guardian may invest surplus funds without prior court authorization in: (A) Direct unconditional interest-bearing obligations of this state or of the United States; (B) Obligations where the interest and principal are unconditionally guaranteed by the United States; (C) Bonds issued by a school district in this state; (D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019; (E) Bonds issued by a national mortgage association; (F)(i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or (G)(i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c)(1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i)(c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-66-113

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:28-66-113
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bf46bdc7421d6765b2fe17c672e324dbe94756740eb3cc0660385f0b74794912

Source location: content.xml paragraph 10071

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28-66-113. Investments. (a)(1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court. (2) However, a guardian may invest surplus funds without prior court authorization in: (A) Direct unconditional interest-bearing obligations of this state or of the United States; (B) Obligations where the interest and principal are unconditionally guaranteed by the United States; (C) Bonds issued by a school district in this state; (D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019; (E) Bonds issued by a national mortgage association; (F)(i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or (G)(i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c)(1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i)(c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured. (b) A signed duplicate or certified copy of the petition for authority to invest shall be furnished to the proper office of the Veterans' Administration and a notice of hearing shall be given to the office for a hearing on a guardian's account. (c) If a guardian of the estate is a state or national bank or trust company authorized by provisions of §§ 28-69-201 — 28-69-204 to establish and maintain common trust funds, the guardian may invest the ward's funds without prior order of the court in: (1) Participation in the common trust funds if they have been established and maintained by the guardian; (2) Shares, securities or other interests of any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as it existed on January 1, 2015; or (3) An exchange-traded fund listed on a national securities exchange.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2001 — Repealed. Pub. L. 115–334, title V, § 5411(51), Dec. 20, 2018, 132 Stat. 4685

### Statutory Notes Section, Pub. L. 92–181, title VIII, § 8.38, as added Pub. L. 104–105, title I, § 117, Feb. 10, 1996, 110 Stat. 168, related to recapitalization of Corporation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 2001

Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 2001. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2001 — Congressional declaration of policy and

Page 1282 TITLE 12—BANKS AND BANKING § 2001 Sec. PART E—FARM CREDIT SYSTEM INSURANCE CORPORATION 2277a. Definitions. 2277a–1. Establishment of Farm Credit System Insurance Corporation. 2277a–2. Board of Directors. 2277a–3. Commencement of insurance. 2277a–4. Premiums. 2277a–5. Certification of premiums. 2277a–6. Overpayment and underpayment of pre- miums; remedies. 2277a–7. General corporate powers. 2277a–8. Conduct of corporate affairs; examina- tion of System institutions. 2277a–9. Insurance Fund. 2277a–10. Powers of Corporation with respect to troubled insured System banks. 2277a–10a. Oversight actions by Corporation. 2277a–10b. Authority to regulate golden parachute and indemnification payments. 2277a–10c. Corporation as conservator or receiver; certain other powers. 2277a–11. Investment of funds. 2277a–12. Exemption from taxation. 2277a–13. Omitted. 2277a–14. Prohibitions. SUBCHAPTER VI—ASSISTANCE TO FARM CREDIT SYSTEM 2278a to 2278b–11. Repealed. SUBCHAPTER VII—RESTRUCTURING OF SYSTEM INSTITUTIONS PART A—MERGER OF BANKS WITHIN A DISTRICT 2279a. Power to merge. 2279a–1. Board of directors. 2279a–2. Powers of merged banks. 2279a–3. Capitalization. 2279a–4, 2279a–5. Repealed or Transferred. PART B—MERGERS, TRANSFERS OF ASSETS, AND POWERS OF ASSOCIATIONS WITHIN A DISTRICT SUBPART 1—TRANSFERS BY FEDERAL LAND BANKS TO FEDERAL LAND BANK ASSOCIATIONS 2279b. Transfer of lending authority. 2279c. Equalization of loan-making powers of certain district associations. SUBPART 2—MERGER OF LIKE AND UNLIKE ASSOCIATIONS 2279c–1. Merger of associations. SUBPART 3—RECONSIDERATION 2279c–2. Reconsideration. SUBPART 4—TERMINATION AND DISSOLUTION OF INSTITUTIONS 2279d. Termination of System institution sta- tus.

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 2001

Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 2001. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 80a-1 — Findings and declaration of policy

Page 504 TITLE 15—COMMERCE AND TRADE § 80a–1 1 See References in Text note below. regulations approved and made effective prior to such date, see section 1274 of Pub. L. 109–58, set out as an Ef- fective Date note under section 16451 of Title 42, The Public Health and Welfare. CHAPTER 2D—INVESTMENT COMPANIES AND ADVISERS SUBCHAPTER I—INVESTMENT COMPANIES Sec. 80a–1. Findings and declaration of policy. 80a–2. Definitions; applicability; rulemaking consid- erations. 80a–3. Definition of investment company. 80a–3a. Protection of philanthropy under State law. 80a–4. Classification of investment companies. 80a–5. Subclassification of management companies. 80a–6. Exemptions. 80a–7. Transactions by unregistered investment companies. 80a–8. Registration of investment companies. 80a–9. Ineligibility of certain affiliated persons and underwriters. 80a–10. Affiliations or interest of directors, officers, and employees. 80a–11. Offers to exchange securities. 80a–12. Functions and activities of investment com- panies. 80a–13. Changes in investment policy. 80a–14. Size of investment companies. 80a–15. Contracts of advisers and underwriters. 80a–16. Board of directors. 80a–17. Transactions of certain affiliated persons and underwriters. 80a–18. Capital structure of investment companies. 80a–19. Payments or distributions. 80a–20. Proxies; voting trusts; circular ownership. 80a–21. Loans by management companies. 80a–22. Distribution, redemption, and repurchase of securities; regulations by securities asso- ciations. 80a–23. Closed-end companies. 80a–24. Registration of securities under Securities Act of 1933. 80a–25. Reorganization plans; reports by Commission. 80a–26. Unit investment trusts. 80a–27. Periodic payment

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 80a-1

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 80a-1. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-69-201. Definition.

28-69-201. Definition. For the purposes of this subchapter, unless the context otherwise requires, “fiduciary” includes a trustee under any express trust, executor, administrator, guardian, curator, or agent. For the purposes of § 28-69-204 “fiduciary” also includes a trustee under an implied, resulting, or constructive trust, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a public or private corporation, public officer, nominee, or any other person acting in a fiduciary capacity for any person, trust, or estate.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-69-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-69-201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-69-204. Registration or transfer of investments — Liability of third parties.

28-69-204. Registration or transfer of investments — Liability of third parties. If a fiduciary or the nominee of a fiduciary in whose name are registered, or are to be registered, any shares of stocks, bonds, or other securities of any public or private corporation, company, other association, or of any trust, applies for the registration or transfer of the shares, then the corporation, company, other association, or any of the managers of the trust or its or their transfer agent, is not bound to inquire whether the fiduciary or nominee is committing a breach of his or her obligation as fiduciary or nominee in making the registration or transfer nor to see to the performance of the fiduciary obligation. The corporation, company, other association, or any of the managers of the trust, or its or their transfer agent, are liable for the registration or transfer only where the registration or transfer is made with actual knowledge that the fiduciary or nominee is committing a breach of trust in requesting the registration or transfer or with knowledge of the facts that its or their participation in the registration or transfer amounts to bad faith.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-69-204

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-69-204. This identifies an authority to review, not proof of applicability.