Sec. 423.103. SECURITIES HELD UNDER CUSTODIAL OR TRUST AGREEMENT  


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  • A domestic insurer's securities that are held under a custodial agreement or trust agreement with a bank, Federal Home Loan Bank, or trust company may be issued in the name of a nominee of the bank, Federal Home Loan Bank, or trust company only if the bank, Federal Home Loan Bank, or trust company:

    (1) has corporate trust powers;

    (2) is authorized to act as a custodian or trustee;

    (3) is organized under the laws of the United States or any state of the United States; and

    (4) meets one of the following requirements:

    (A) is a member of the Federal Reserve System;

    (B) is a member of or is eligible to receive deposits that are insured by the Federal Deposit Insurance Corporation;

    (C) maintains an account with a Federal Reserve Bank and is subject to supervision and examination by the Board of Governors of the Federal Reserve System; or

    (D) is subject to supervision and examination by the Federal Housing Finance Board.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 1, eff. April 1, 2007.