Registration of Trust or Fiduciary Powers - Financial Regulation
Last reviewed/updated: May 18, 2023
Registration of Trust Powers
A bank, trust company, or savings bank that does not meet the definition in Md. Code Ann., Estates & Trusts § 1-101(v), is subject to Md. Code Ann., Estates & Trusts §14.5-710(b) and must file (register) with the Commissioner prior to exercising trust or fiduciary powers in the State of Maryland. The registration must include:
- The corporate name of the bank, trust company, or savings bank;
- The address and telephone number of a contact person for the bank, trust company, or savings bank;
- A resident agent (the resident agent must reside in Maryland); and
- Additional information considered necessary by the Commissioner for protection of the public.
In general, registration is not required for federal or out-of-state depository institutions with a branch or an office in the State of Maryland. Note that a foreign bank office permit may be required (Md. Code Ann., Fin. Inst. §12-207).
Generally, a trust company is a Maryland bank or trust company or a federal or out-of-state trust institution with a branch or office in the State of Maryland that accepts deposits. Under Maryland law (Md. Code Ann., Estates & Trusts §14.5-710(a)), this registration does not apply to:
- An individual
- A trust company as defined in Md. Code Ann., Estates & Trusts §1-101
- A 501(c)(3) corporation
- A national bank or federal savings bank that has the power to exercise trust or fiduciary powers under federal law
Reciprocity – An out-of-state bank or trust company may exercise trust or fiduciary powers in the State of Maryland only if the laws of the state where it is chartered will permit a Maryland state-chartered bank or trust company to exercise trust or fiduciary powers in that state under the same circumstances. An applicant out-of-state bank or trust company is required to obtain written confirmation of reciprocity from the appropriate state chartering authority.
See below for registration form. More information for depository institutions is available on the Banks, Credit Unions and Trust Companies page.
- For questions about filing an application, contact Stephen Clampett, Assistant Commissioner, by phone at (410) 230-6104 or by email at firstname.lastname@example.org.
- Applications may be submitted to DLFRFinReg-LABOR@maryland.gov.
- Mailing Address:
Office of Financial Regulation
1100 North Eutaw Street, Suite 611
Baltimore, MD 21201
Laws, Rules, and Regulations
Banking institutions and credit unions are expected to be knowledgeable about and in compliance with Maryland banking laws, and any other applicable State and Federal laws, rules, and regulations. Maryland laws, rules, and regulations can be found by accessing the Annotated Code of Maryland and Rules and Code of Maryland Regulations (COMAR). Certain relevant Maryland laws, rules, and/or regulations include (NOTE: this is not a comprehensive list):
- Maryland Code, Financial Institutions Article, Title 1, Subtitle 2 (General Provisions)
- Maryland Code, Financial Institutions Article, Title 1, Subtitle 3 (Confidential Financial Records)
- Maryland Code, Estates and Trust Article, Title 1 Subtitle 1 (Estates and Trusts Definitions)
- Maryland Code, Estates and Trusts Article, Title 14.5 (Maryland Trust Act)
- Maryland Code, Financial Institutions Article, Title 12, Subtitle 2 (Foreign Banks)
- Maryland Code, Financial Institutions Article, Title 12, Subtitle 8 (Currency Transactions)
- COMAR 09.03.03 (Procedure for Handling Applications)