R.C.S.A. § 38a-124-22
Ownership of securities held in trust
Cite as Conn. Agencies Regs. § 38a-124-22
(a) Beneficial ownership of a security for the purpose of section 38a-118 of the 1965
supplement to the general statutes shall include: (1) The ownership of securities
as a trustee where either the trustee or members of his immediate family have a vested
interest in the income or corpus of the trust, (2) the ownership of a vested beneficial
interest in a trust, and (3) the ownership of securities as a settlor of a trust in
which the settlor has the power to revoke the trust without obtaining the consent
of all the beneficiaries.
(b) Except as provided in subsection (c) hereof, beneficial ownership of securities solely
as a settlor or beneficiary of a trust shall be exempt from the provisions of said
section 38a-118 where less than twenty per cent in market value of the securities
having a readily ascertainable market value held by such trust, determined as of the
end of the preceeding fiscal year of the trust, consists of equity securities with
respect to which reports would otherwise be required. Exemption is likewise accorded
from said section 38a-118 with respect to any obligation which would otherwise be
imposed solely by reason of ownership as settlor or beneficiary of securities held
in trust, where the ownership, acquisition or disposition of such securities by the
trust is made without prior approval by the settlor or beneficiary. No exemption pursuant
to this subsection shall, however, be acquired or lost solely as a result of changes
in the value of the trust assets during any fiscal year or during any time when there
is no transaction by the trust in the securities otherwise subject to the reporting
requirements of said section 38a-118.
(c) In the event that ten per cent of any class of any equity security of an issuer is
held in a trust, that trust and the trustees thereof as such shall be deemed a person
required to file the reports specified in said section 38a-118.
(d) Not more than one report need be filed to report any holdings or with respect to any
transaction in securities held by a trust, regardless of the number of officers, directors
or ten per cent stockholders who are either trustees, settlors or beneficiaries of
a trust, provided the report filed shall disclose the names of all trustees, settlors
and beneficiaries who are officers, directors or ten per cent stockholders. A person
having an interest only as a beneficiary of a trust shall not be required to file
any such report so long as he relies in good faith upon an understanding that the
trustee of such trust will file whatever reports might otherwise be required of such
beneficiary.
(e) As used in this section the "immediate family" of a trustee means: (1) A son or daughter
of the trustee, or a descendant of either, (2) a stepson or stepdaughter of the trustee,
(3) the father or mother of the trustee, or an ancestor of either, (4) a stepfather
or stepmother of the trustee, (5) a spouse of the trustee. For the purpose of determining
whether any of the foregoing relations exists, a legally adopted child of a person
shall be considered a child of such person by blood.
(f) In determining, for the purposes of said section 38a-118 whether a person is the beneficial
owner, directly or indirectly, of more than ten per cent of any class of any equity
security, the interest of such person in the remainder of a trust shall be excluded
from the computation.
(g) No report shall be required by any person with respect to his interest in any class
of equity securities of an issuer if (i) any class of its equity securities shall
be registered, or shall be required to be registered, pursuant to section 12 of the
Securities Exchange Act of 1934, as amended, or (ii) such issuer shall not have any
class of its equity securities held of record by one hundred or more persons on the
last business day of the year next preceding the year in which equity securities of
the issuer would be subject to the provisions of sections 38a-118, 38a-119 and 38a-120
of said supplement except for the existence of subsection (ii) of section 38a-123
of said supplement.
(h) Nothing in this section shall be deemed to impose any duties or liabilities with respect
to reporting any transaction or holding prior to April 26, 1966.