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HomeFinancial CodeDiv. 1.1Ch. 16Art. 5§ 1601 Trust Company Trust Types

§ 1601 Trust Company Trust Types

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1601 Trust Company Trust Types

This law says that any trust a trust company can handle is split into two groups: court trusts and private trusts.

Key Takeaways

  • •All trusts a trust company can work with are called either court trusts or private trusts.
  • •A court trust happens when the company is acting because a court ordered it (like being an executor or guardian).
  • •A private trust is any other kind of trust or fiduciary relationship that isn’t tied to a court order.

Example

A judge tells a trust company to manage the money left behind for a child after a parent dies without a will.

Because the trust company is acting because a court ordered it, this is a court trust. If a family simply creates a trust for their kids without any court order, that would be a private trust.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1601 Trust Company Trust Types

For the purposes of this chapter, all trusts and other business permitted to be accepted or executed by a trust company are hereby classified and defined as either court trusts or private trusts. A “court trust” is one in which a trust company acts under appointment, order, or decree of any court, as executor, administrator, guardian, conservator, assignee, receiver, depositary, or trustee, or in which it receives on deposit money or property from a public administrator, under any provision of this code, or from any executor, administrator, guardian, assignee, receiver, depositary, or trustee, under any order or decree of any court. A “private trust” is every other trust, agency, fiduciary relationship, or representative capacity. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 11, 2026

Key Terms

court trustsprivate truststrust companyfiduciary relationship

Related Statutes

  • § 1604 Trust Property Reporting Requirements
  • § 1571 Trust Company Deposit Requirements
  • § 1600 Trust Company Fiduciary Powers
  • § 1602 Trust Company Disclosure Rules
  • § 1603 Trust Company Examinations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1601.
View Official Source