32-1-703. Common trust fund allowed. (1) Any bank or trust company qualified to act as fiduciary in this state may establish and administer common trust funds composed of property permitted by law for the investment of trust funds for the purpose of furnishing investments to:
     (a) itself as fiduciary;
     (b) itself and others as cofiduciaries;
     (c) any affiliated bank or trust company, including any foreign affiliated bank or trust company, as fiduciary;
     (d) any affiliated bank or trust company, including any foreign affiliated bank or trust company, and others as cofiduciaries; or
     (e) any combination of the entities listed in subsections (1)(a) through (1)(d).
     (2) Any bank or trust company may, as that fiduciary or cofiduciary, invest funds which it lawfully holds for investment in interests in the common trust funds administered by itself or by any affiliated bank or trust company if the investment is not prohibited by the instrument, judgment, decree, order, or statute creating and governing such fiduciary relationship and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to the investment.

     History: En. Sec. 1, Ch. 64, L. 1955; amd. Sec. 68, Ch. 431, L. 1975; R.C.M. 1947, 5-1401; amd. Sec. 1, Ch. 213, L. 1981.