KRS 286.3-270: Fiduciary may act in own name -- Records -- Investments not subject to
Where this section sits in the code
debts of fiduciary.
(1) In making real estate mortgage loans for the purpose of investing trust funds, a trust
company or bank empowered to act as a fiduciary may make such mortgage loans in
its individual name, and in connection with such loans may prosecute all suits and
foreclosure actions, and may buy in, manage, lease, repair, and sell foreclosed
property in its individual name, without reference to any trust or beneficial
ownership.
(2) Such trust company or bank shall at all times keep definite records showing fully
and accurately all beneficial ownership in such loans, suits, or property, which
records shall at all times be subject to the inspection and examination of eith er state
or federal banking authorities.
(3) Such mortgage loans and foreclosed property shall not be subject to the individual
debts of the trust company or bank but shall belong to the beneficial owners thereof
as shown by the records free from any claims against the trust company or bank.
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