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State-Chartered Trust Company. The laws of most states, including North Carolina, allow the establishment of a stand-alone trust company that is not otherwise regulated by the FDIC because it does not accept deposits or make commercial loans and is not affiliated with a bank.
While the tax is net income-based, SDCL 10-43-90 imposes a minimum financial institution tax specific to South Dakota chartered trust companies. The minimum financial institution tax applied to South Dakota chartered trust companies is tiered over the first five years of operations.
However, some states, such as South Dakota, do not have a usury law, allowing in-state businesses to charge as much interest as they want. Congress has the power to regulate interstate commerce, which includes regulating nationally chartered banks which do business in more than one state.
A California-chartered trust company is a non-depository institution and is not authorized to provide commercial banking services. A California-chartered trust company is allowed to engage in the trust business, which has the meaning set forth in Financial Code Section 115.
The proposed bank must first receive approval for a federal or state banking charter.
The license for banks, trust companies, and other special purpose depository institutions is called a charter, and it allows financial institutions to perform core banking activities such as deposit taking and lending and to provide fiduciary services to their customers.
A limited purpose trust company is a trust company that has been chartered by the state to perform specific trust functions. These functions can include acting as a depositor or safe keeper for securities or mortgages. The Participants Trust Company is an example of a mortgage depositor trust.
Generally speaking, South Dakota's interest rate limit is 15 percent. Beyond this fact, there is no usury limitation per se in the State of South Dakota.. There are some limitations on consumer loans below $5,000 when it comes to the manner in which they can be made and in regard to related matters.