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Table of Contents
CHAPTER I.
Introductory.
§ 1. Scope of this Work.
§ 2. Desirability of Uniform Laws.
§ 3. Outline of Trust Company Functions and Plan of
Treatment in this book.
CHAPTER II.
Definition of "Trust" Companies-Protection of Name.
§ 4. Fiduciary Companies Defined.
§ 5. "Trustee Company" in England.
§ 6. Statutory Trust Company in America.
§7. Enlarged Sense Given to the Word "Trust."
§ 8. Protection of the Title "Trust Company."
§ 9. Protection of Particular Trust Company Names.
CHAPTER III.
Special and Exclusive Privileges of Trust Companies.
§ 10. Constitutional Provisions in their General Aspect and
Police Power.
§ 11. Discriminations as between Corporations and Indi-
viduals.
§ 12. Right of State to deny certain powers to other than
Corporate Fiduciaries.
§ 15. Oath by Statutory Fiduciary Unnecessary.
§ 16. Qualification by Deposit of Securities.
§ 17. Consolidation, Merger and Successorship of Trust
Companies-Status with reference to Fiduciary
Business of constituent Companies.
CHAPTER V.
Diversity and Limitations of Powers. Ultra Vires.
§ 18. Powers of Trust Companies in General.
§ 19. Ultra Vires as Affected by Fiduciary Power in a
Corporation.
CHAPTER VI.
Extension of Functions of Statutory Trust Companies, Banks,
Agents, Guardians and Committees, Receivers and
Assignees, Sureties, Guarantors, Underwriters.
§ 20. Corporation Limited to Charter Powers.
§ 21. Principles of Construction of Trust Company Charters.
§ 22. Organization under General and Special Laws.
§ 23. The Trust Company as Having Varied Powers.
§ 24. Trust Companies as Banks.
§ 25. Trust Companies as Agents.
§ 26. Trust Companies as Guardians and Committees.
§ 27. Trust Companies as Receivers and Assignees.
§ 28. Trust Companies as Sureties.
§ 29. Power of Trust Companies to Act as Guarantors.
§ 30. Trust Companies as Underwriters.
CHAPTER VII.
Trust Companies as Trustees.
§ 31. Trust Companies Generally Like Individual Trustees.
§ 32. Specific Provisions as to Integrity of Trust Funds.
§ 33. Integrity of Trust Funds-Participating Mortgages.
§ 34. Deposit of Trust Funds in Company's Own Banking
Department or with Company's own deposits in
other Banks-Interest Rates.
§ 35. Provisions in Trust Company Statutes respecting
Investments.
§ 36. Liability of a Trust Company for Trust Funds.
§ 37. The Following of Trust Property and its Proceeds.
§ 38. Right to follow Trust Funds turned over by a Statu-
tory Trust Company.
CHAPTER VIII.
Trust Companies as Co-Fiduciaries and as Agents for
Individual Fiduciaries.
$39. In General.
§ 40. Liability of Joint Trustees.
§ 41. Liability of Joint Executors and Administrators.
§ 42. Liability as Agent for Individual Fiduciaries.
CHAPTER IX.
Trust Companies as Trustees for Charities.
§ 43. In General.
§ 44. Origin and Plan of the "Foundation" or "Community
Trust."
§ 45. The Legality of "Community Trusts."
CHAPTER X.
Stipulations for Protection of Trust Company-Indemnity
§ 46. In General.
Clauses.
§ 47. Examples and Construction of Indemnity Clauses-
Co-Trustees.
§ 48. Examples and Construction of Indemnity Clauses-
Employment of Agents.
CHAPTER XI.
Trustees for Bond Issues.
§ 49.
Preliminary.
$ 50. Form of Instrument to Secure Bond Issues.
§ 51. Legality of Such Instruments.
§ 52. Active Nature of Trusteeship for Bond Issues.
§ 53. Theory and History of Mortgage-Deeds for Bond
Issues.
§ 54. Express and Implied Covenants in Mortgage-Deeds of
Trust.
§ 55. Details in Form of Mortgage Deeds of Trust.
§ 56. Nature and Extent of Implied Duties.
§ 57. Liability of Trustee for Damages for Breach of Trust
-Parties.
§ 58. Liability for Misrepresentations as to Quality and
Extent of the Security.
§ 59. Instructions of Mortgagor and Bondholders as Pro-
tection to Trustee.-Majority Rule.
§ 60. Application by Trustee for Advice and Instruction of
the Court.
§ 61. Singleness of Duty Owed by Trustee in Bond Issues.
§ 62. Trustees under Conflicting Mortgages. Intervention
by Individual Bondholders.
§ 63.
$ 64.
Trustees under Conflicting Mortgages.—Continued.
Removal of Trustee.
CHAPTER XII.
Car or Equipment Trusts.
§ 65. Derivation and Need of Equipment Trusts.
§ 66. Protecting Legislation.
§ 67. Status of Equipment under After-Acquired Property
§ 68.
Safety of Investments in Car Trusts.
§ 69. Criticism of the Form and Security of Car Trusts.-
Clauses for Reports to Trustees.
§ 70. Suggestion that Liens for Equipment be given Prior-
ity by Legislative Enactment.
CHAPTER XIII.
Transfer Agents and Registrars.
$71. In General.
§ 72. Implied Power of Bank to Act as Transfer Agent.
§ 73. Implied Power in Banks to Create Transfer Agencies
Not Sufficient for Business Necessities. Express
Power of Trust Companies.
$74. Possibility of Compelling Corporations to Authenti-
cate their Securities through Independent Sources.
§ 75. Transfer Agent Defined.
$76. The terms "Registrar" and "Registered" Defined.
§ 77. Definition and Effect of "Countersigning."