12 C.F.R. § 330.12

Accounts held by a depository institution as the trustee of an irrevocable trust

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(a) Separate insurance coverage. “Trust funds” (as defined in § 330.1(q)) held by an insured depository institution in its capacity as trustee of an irrevocable trust, whether held in its trust department, held or deposited in any other department of the fiduciary institution, or deposited by the fiduciary institution in another insured depository institution, shall be insured up to the SMDIA for each owner or beneficiary represented. This insurance shall be separate from, and in addition to, the insurance provided for any other deposits of the owners or the beneficiaries.

(b) Determination of interests. The insurance for funds held by an insured depository institution in its capacity as trustee of an irrevocable trust shall be determined in accordance with the following provisions:

(1) Allocated funds of a trust estate. If trust funds of a particular “trust estate” (as defined in § 330.1(p)) are allocated by the fiduciary and deposited, the insurance with respect to such trust estate shall be determined by ascertaining the amount of its funds allocated, deposited and remaining to the credit of the claimant as fiduciary at the insured depository institution in default.

(2) Interest of a trust estate in unallocated trust funds. If funds of a particular trust estate are commingled with funds of other trust estates and deposited by the fiduciary institution in one or more insured depository institutions to the credit of the depository institution as fiduciary, without allocation of specific amounts from a particular trust estate to an account in such institution(s), the percentage interest of that trust estate in the unallocated deposits in any institution in default is the same as that trust estate's percentage interest in the entire commingled investment pool.

(c) Limitation on applicability. This section shall not apply to deposits of trust funds belonging to a trust which is classified as a corporation under § 330.11(a)(2).

[63 FR 25756, May 11, 1998, as amended at 71 FR 14631, Mar. 23, 2006; 76 FR 41395, July 14, 2011]

Notes of Decisions

Cited in 2 cases, 1989–1997 · leading case: Citywide Bank of Denver v. Herman, 978 F. Supp. 966 (D. Colo. 1997).

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Citywide Bank of Denver v. Herman, 978 F. Supp. 966 (D. Colo. 1997). “12 C.F.R. § 330.12 (emphasis added). Here, the “applicable capital standard” which Citywide was required to meet on January 1, 1993 to be eligible for “pass-through” insurance is set out in 12 CFR § 337.”

First Interstate Bank of Denver, N.A. v. Fed. Deposit Ins., 718 F. Supp. 848 (D. Colo. 1989). · cites it 8× “§ 1813 (1 )(3); (3) the amount claimed qualifies as a “deposit” under 12 C.F.R. § 330.12 ; and (4) defendant has been unjustly enriched and should be forced to disgorge the funds claimed.”

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