23 CAR § 2-307 – Ownership of securities held in trust

(a) Beneficial ownership of a security for the purpose of Acts 1965, No. 107, § 1, shall include the ownership of:
1. (1) Securities as a trustee where either the trustee or members of his or her immediate family have a vested interest in the income or corpus of the trust;
2. (2) A vested beneficial interest in a trust; and
3. (3) Securities as a settlor of a trust in which the settlor has the power to revoke the trust without obtaining the consent of all the beneficiaries.
(b)
1. (1) Except as provided in subsection (c) of this section, beneficial ownership of securities solely as a settlor or beneficiary of a trust shall be exempt from the provisions of Section 1 where less than twenty percent (20%) in market value of the securities having a readily ascertainable market value held by such trust, determined as of the end of the preceding fiscal year of the trust, consists of equity securities with respect to which reports would otherwise be required.
2. (2) Exemption is likewise accorded from Section 1 with respect to any obligation which would otherwise be imposed solely by reason of ownership as settlor or beneficiary of securities held in trust, where the ownership, acquisition, or disposition of such securities by the trust is made without prior approval by the settlor or beneficiary.
3. (3) No exemption pursuant to this subsection shall, however, be acquired or lost solely as a result of changes in the value of the trust assets during any:
  1. (A) Fiscal year; or
  2. (B) Time when there is no transaction by the trust in the securities otherwise subject to the reporting requirements of Section 1.
(c) In the event that ten percent (10%) of any class of any equity security of an insurer is held in a trust, that trust and the trustees thereof as such shall be deemed a person required to file the reports specified in Section 1 of the act.
(d)
1. (1) Not more than one (1) report need be filed to report any holdings or with respect to any transaction in securities held by a trust, regardless of the number of officers, directors, or ten percent (10%) stockholders who are either trustees, settlors, or beneficiaries of a trust, provided that the report filed shall disclose the names of all trustees, settlors, and beneficiaries who are:
  1. (A) Officers;
  2. (B) Directors; or
  3. (C) Ten percent (10%) stockholders.
2. (2) A person having an interest only as a beneficiary of a trust shall not be required to file any such report so long as he or she relies in good faith upon an understanding that the trustee of such trust will file whatever reports might otherwise be required of such beneficiary.
(e)
1. (1) As used in this section the "immediate family" of a trustee means:
  1. (A) A son or daughter of the trustee, or a descendant of either;
  2. (B) A stepson or stepdaughter of the trustee;
  3. (C) The father or mother of the trustee, or an ancestor of either;
  4. (D) A stepfather or stepmother of the trustee; or
  5. (E) A spouse of the trustee.
2. (2) For the purpose of determining whether any of the foregoing relations exists, a legally adopted child of a person shall be considered a child of such person by blood.
(f) In determining, for the purposes of Section 1 of the act, whether a person is the beneficial owner, directly or indirectly, of more than ten percent (10%) of any class of any equity security, the interest of such person in the remainder of a trust shall be excluded from the computation.
(g) No report shall be required by any person, whether or not otherwise subject to the requirement of filing reports under Section 1, with respect to his or her indirect interest in portfolio securities held by a:
1. (1) Pension or retirement plan holding securities of an insurer whose employees generally are the beneficiaries of the plan; or
2. (2) Business trust with over twenty-five (25) beneficiaries.
(h) Nothing in this section shall be deemed to impose any duties or liabilities with respect to reporting any transaction or holding prior to its effective date.