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77
Trust services are one of the most important and rapidly grow-
ing bank service areas today. Bank trust operations encompass the
management of property and other assets owned by a bank customer
and the administration of a customer's security holdings and borrow-
ings. In offering trust services the bank places itself as authorized
agent between the marketplace and the customer, making investment
and management decisions on the customer's behalf and dispensing
funds when needed to cover the customer's obligations. A bank's trust
operations are usually divided into three broad areas: (1) personal trust
services, (2) business trust services, and (3) trust services for charities
and nonprofit organizations. Each involves a fiduciary relationship
between bank and customer – that is, a trust department acts to benefit
its customers within those areas defined by contract (the trust agree-
ment) between the bank (trustee) and the customer (trustor) covering a
specified period of time.
Banks provide a wide range of trust services for individuals and
families in the form of estate settlement, trust administration and
agency services. Bank trust divisions act as agents for corporations and
other businesses in a host of different ways. This may involve issuing
securities on the business customer's behalf, paying dividends or inter-
est owed on any securities issued, reinvesting the dividends for securi-
ties holders who request that service, and retiring the securities at ma-
turity. Under the terms of the Federal Trust Indenture Act of 1939, any
foreign or domestic corporation that issue securities to the general
public in the United States must designate a trustee for that security
issue to act as a fiduciary, representing the investors purchasing those
securities. Trust departments also handle transfers of ownership of
corporate stock, stock splits, and conversions of stock into debt, and
they issue proxies and count votes in connection with annual stock-
holder meetings.
Today, banks frequently serve as trustees under indenture, hold-
ing legal title to property securing a bond issue, with the power to
foreclose on and liquidate that property if the issuer defaults. The bank
as trustee must make sure all bond covenants agreed to by the issuing
corporation are adhered to and that all required liens against the com-
pany's property are duly filed and recorded. The trust department will
set up and manage a sinking fund, investing all monies that the bond
78
issuer contributes to that fund periodically with the intent of eventually
redeeming the bond issue.
The fiduciary activities of banks make a critical contribution to
the functioning of the commercial paper market, where the unsecured,
short-term notes of large corporations (both foreign and domestic) are
traded. Bank trust departments keep records on which investors pur-
chase commercial paper, see that any notes purchased are actually
delivered to the investors involved, and pay off the holders of those
notes on the maturity date. Even more important, banks issue letters of
credit backstopping issuers of commercial paper in order to reassure
investors that the bank will pay off a note issue if the borrowing corpo-
ration cannot do so. A bank's trust department will receive and hold
any credit letters issued by other lending institutions and check to see
that all the terms of those credit letters are being adhered to by borrow-
ing companies. If necessary, the trust department will file
:
for payment
under the terms of a credit letter and dispense the collected funds to
note holders.
Many banks today would like to offer real estate brokerage ser-
vices to their customers, selling a home or commercial structure and
then financing the sale. For generations banks have made loans to
finance the construction of business facilities and private houses.
While preferring to stick predominantly to short-term construction
financing, banks have also taken on a limited volume of long-term ,
commercial and residential real estate mortgages in which the mort-
gaged property being a home or a commercial structure. Mortgage
loans are among the riskiest forms of bank credit, though they can be
sold quite readily in the secondary market. Sometimes banks acquire
realty companies in order to be able to offer a larger menu of financial
services.
____________________
1. to issue a proxy – выдать полномочие на право голосова-
ния
2. to foreclose – лишать права пользования
3. a sinking fund – фонд погашения задолженности, выкуп-
ной
Trust services are one of the most important and rapidly grow- issuer contributes to that fund periodically with the intent of eventually ing bank service areas today. Bank trust operations encompass the redeeming the bond issue. management of property and other assets owned by a bank customer The fiduciary activities of banks make a critical contribution to and the administration of a customer's security holdings and borrow- the functioning of the commercial paper market, where the unsecured, ings. In offering trust services the bank places itself as authorized short-term notes of large corporations (both foreign and domestic) are agent between the marketplace and the customer, making investment traded. Bank trust departments keep records on which investors pur- and management decisions on the customer's behalf and dispensing chase commercial paper, see that any notes purchased are actually funds when needed to cover the customer's obligations. A bank's trust delivered to the investors involved, and pay off the holders of those operations are usually divided into three broad areas: (1) personal trust notes on the maturity date. Even more important, banks issue letters of services, (2) business trust services, and (3) trust services for charities credit backstopping issuers of commercial paper in order to reassure and nonprofit organizations. Each involves a fiduciary relationship investors that the bank will pay off a note issue if the borrowing corpo- between bank and customer – that is, a trust department acts to benefit ration cannot do so. A bank's trust department will receive and hold its customers within those areas defined by contract (the trust agree- any credit letters issued by other lending institutions and check to see ment) between the bank (trustee) and the customer (trustor) covering a that all the terms of those credit letters are being adhered to by borrow- specified period of time. ing companies. If necessary, the trust department will file: for payment Banks provide a wide range of trust services for individuals and under the terms of a credit letter and dispense the collected funds to families in the form of estate settlement, trust administration and note holders. agency services. Bank trust divisions act as agents for corporations and Many banks today would like to offer real estate brokerage ser- other businesses in a host of different ways. This may involve issuing vices to their customers, selling a home or commercial structure and securities on the business customer's behalf, paying dividends or inter- then financing the sale. For generations banks have made loans to est owed on any securities issued, reinvesting the dividends for securi- finance the construction of business facilities and private houses. ties holders who request that service, and retiring the securities at ma- While preferring to stick predominantly to short-term construction turity. Under the terms of the Federal Trust Indenture Act of 1939, any financing, banks have also taken on a limited volume of long-term , foreign or domestic corporation that issue securities to the general commercial and residential real estate mortgages in which the mort- public in the United States must designate a trustee for that security gaged property being a home or a commercial structure. Mortgage issue to act as a fiduciary, representing the investors purchasing those loans are among the riskiest forms of bank credit, though they can be securities. Trust departments also handle transfers of ownership of sold quite readily in the secondary market. Sometimes banks acquire corporate stock, stock splits, and conversions of stock into debt, and realty companies in order to be able to offer a larger menu of financial they issue proxies and count votes in connection with annual stock- services. holder meetings. ____________________ Today, banks frequently serve as trustees under indenture, hold- 1. to issue a proxy – выдать полномочие на право голосова- ing legal title to property securing a bond issue, with the power to ния foreclose on and liquidate that property if the issuer defaults. The bank 2. to foreclose – лишать права пользования as trustee must make sure all bond covenants agreed to by the issuing 3. a sinking fund – фонд погашения задолженности, выкуп- corporation are adhered to and that all required liens against the com- ной pany's property are duly filed and recorded. The trust department will set up and manage a sinking fund, investing all monies that the bond 77 78
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