NJ DOBI Bulletin 2008-01
Application of Parity as to Engaging in the Activity of Serving as the Trustee or Custodian of IRAs
State of New Jersey
DEPARTMENT OF BANKING AND INSURANCE
LEGISLATIVE AND REGULATORY AFFAIRS
PO BOX 325
TRENTON, NJ 086250325
JON S. CORZINE
STEVEN M. GOLDMAN
Governor
TEL (609) 9843602
FAX (609) 2920896
Commissioner
Visit us on the Web at www.njdobi.org
New Jersey is an Equal Opportunity Employer • Printed on Recycled Paper and Recyclable
BULLETIN NO. 0801
TO:
ALL NEW JERSEYCHARTERED BANKS, SAVINGS BANKS & STATE
ASSOCIATIONS
FROM:
STEVEN M. GOLDMAN, COMMISSIONER
RE:
APPLICATION OF PARITY AS TO ENGAGING IN THE ACTIVITY OF
SERVING AS THE TRUSTEE OR CUSTODIAN OF IRAs
The purpose of this Bulletin is to advise New Jerseychartered banks, savings banks and savings
and loan associations of the Department’s response to the issue referenced above.
The Department recently received an inquiry on whether New Jersey’s parity law would permit a
New Jerseychartered bank to exercise limited fiduciary authority to be named as the trustee or custodian
of IRAs that are invested in assets other than deposit accounts of the bank.
New Jersey law permits the use of parity to enable New Jerseychartered banks, savings banks
and savings and loan associations to exercise those powers, rights, benefits or privileges authorized for
Federal institutions to the same extent and subject to the same limitations as prescribed by the federal law
applicable to such institutions. The Department has determined that these New Jersey institutions can,
based upon the state parity statute, engage in limited fiduciary activities subject to Office of Thrift
Supervision (OTS) regulations at 12 C.F.R. §550, subpart e, §550.580620. Such limited fiduciary
activities would be subject to the same limitations and requirements as are set forth in the OTS
regulations referenced above governing such activities.
The Department is available to discuss parity issues with any of its chartered institutions,
including the issues presented in this Bulletin. The direct contact at the Department is Chief Examiner
Michael Sheridan at 6099843602, ext. 50067.
1/16/08
/s/ Steven M. Goldman
Date
Steven M. Goldman
Commissioner
FOS0710/inoord