Md. Code Ann., Est. & Trusts § 15-1A-01
Definitions
Effective Oct 1, 2001Added by Acts 1989, c. 644, § 1, eff. July 1, 1989. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 207, § 2; Acts 2001, c. 669, § 1, eff. Oct. 1, 2001.State of Maryland
- (a) In this subtitle the following words have the meanings indicated.
- (b) “Bank” has the meaning stated in 12 U.S.C. § 1841(c).
- (c) “Bank holding company” has the meaning stated in 12 U.S.C. § 1841(a).
(d)
- (1) “Beneficiary” means a person who receives or is entitled as a matter of right to receive a current distribution of principal or income from a trust, estate, or fund with respect to which a substitution of a corporate fiduciary is made under this subtitle.
(2) “Beneficiary” includes:
- (i) If the beneficiary is a minor, the beneficiary's natural or legal guardian; or
- (ii) If the beneficiary is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.
- (e) “Capital requirement” means a provision in any court order, statute, regulation, or writing, including a will, trust, or similar document or instrument, that requires a fiduciary to have a specified minimum amount of capital or capital and surplus.
(f) “Corporate fiduciary” means:
- (1) A bank;
- (2) A trust company; or
- (3) Any other corporate entity that is authorized to act as a fiduciary under the laws of this State.
(g) “Fiduciary” includes:
- (1) A trustee;
- (2) An executor or executrix;
- (3) A personal representative;
- (4) A receiver;
- (5) A special administrator;
- (6) A guardian;
- (7) A conservator;
- (8) A committee;
- (9) A custodian under the Maryland Uniform Transfers to Minors Act;1 and
- (10) Any other person who has a fiduciary relationship the responsibilities of which are customarily performed by a corporate fiduciary.
(h) “Successor fiduciary” means a corporate fiduciary that is substituted for another corporate fiduciary under the provisions of § 15-1A-02 of this subtitle, by reason of:
- (1) A merger or consolidation of corporate fiduciaries;
- (2) The acquisition of the stock or assets of a corporate fiduciary by another corporate fiduciary;
- (3) The transfer by a corporate fiduciary of its trust and fiduciary business to another corporate fiduciary; or
- (4) The acquisition or formation by a corporate fiduciary of a subsidiary, which is itself a corporate fiduciary, in order to undertake the trust and fiduciary business of the subsidiary's parent entity.
- (i) “Trust company” has the meaning stated in § 1-101 of this article.
Added by Acts 1989, c. 644, § 1, eff. July 1, 1989. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 207, § 2; Acts 2001, c. 669, § 1, eff. Oct. 1, 2001.
Estates and Trusts, § 13-301 et seq.