Section 1613 Of Article 5. Miscellaneous From California Financial Code >> Division 1.1. >> Chapter 16. >> Article 5.
1613
. Notwithstanding any other provision of law, any bank and any
trust company holding securities in a fiduciary capacity or while
engaged in a trust business, or while acting in any capacity under a
court or private trust, or while acting in that capacity with one or
more persons as cofiduciary or cofiduciaries, unless the instrument
creating the trust contains a provision to the contrary, is
authorized to deposit or arrange for the deposit with a federal
reserve bank of any such securities the principal and interest of
which the United States or any department, agency, or instrumentality
thereof has agreed to pay, or has guaranteed payment, to be credited
to one or more accounts on the books of the federal reserve bank in
the name of the bank or trust company, to be designated fiduciary or
safekeeping accounts, to which accounts other similar securities may
be credited. Any bank or trust company that deposits or arranges for
the deposit of securities pursuant to this section shall maintain
records that at all times show the ownership of the securities
deposited. A bank or trust company depositing securities pursuant to
this section shall be subject to such rules and regulations as in the
case of state-chartered institutions, the commissioner and, in the
case of national banking associations, the Comptroller of the
Currency, may from time to time issue. Ownership of, and other
interests in, the securities credited to such account may be
transferred by entries on the books of the federal reserve bank
without physical delivery of any securities. A bank or trust company
acting as custodian for a fiduciary shall, on demand by the
fiduciary, certify in writing to the fiduciary the securities
deposited by the bank or trust company pursuant to this section for
the account of the fiduciary. A fiduciary shall, on demand by any
party to its accounting, certify in writing to that party the
securities deposited for its account as a fiduciary pursuant to this
section. This section shall apply to all fiduciaries and custodians
for fiduciaries, acting on the effective date of this section or who
thereafter may act regardless of the state of the instrument or court
order by which they are appointed.