Pursuant to Arizona Administrative Code R20-4-104, the Director has the discretion to accept alternative application forms, but it does not limit the Director's power to require additional information necessary to complete an application.
Please refer to Arizona Revised Statutes §6-851 through 6-870.2 and Arizona Administrative Code R20-4-801 through 816 for Arizona Law.
Inquiries should be directed to Financial Institutions at [email protected]. For more information, see the “Contact Us” tab.
Arizona Revised Statutes §6-126 et seq.
Description | Fees | Forms |
To apply for a trust company certificate. | $1,000.00 | |
Out of State Trust Companies Applying for a License: Uniform Application for Interstate Trust Activities of State-Chartered Trust institutions |
$1,000.00 | |
To acquire control of a financial institution, other than a consumer lender, five thousand dollars | $5,000.00 | |
To apply for a branch office of an Arizona trust company five hundred dollars. | $500.00 | |
To apply for approval of the articles of incorporation of a business development corporation, five hundred dollars. | $500.00 | |
To apply for approval for the merger or consolidation of two or more financial institutions, five thousand dollars per institution. | $5,000.00 | |
To change the licensee name on a financial institution or enterprise license, two hundred fifty dollars. | $250.00 | |
Background Check |
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Certificate Renewal: Renewal fee $1,000, each branch (Arizona locations only) $250. License Year: January 1, through December 31. Renewal Package Due: January 1 through January 15: Without Penalty January 16 and after: With Penalty. You may now use your credit/debit card to pay your renewal fee at DIFI. If you mail your renewal, you may pay by telephone using your credit/debit card after the renewal has been received. Please call 602-771-2800 Option #2 and let them know that you are paying your renewal fee by credit card for your trust certificate which is maintained in the Financial Institutions Division. |
$1,000 H.O $250 For each branch |
Portal Instructions/Registration DIFI Renewal Instructions/Requirements DIFI Trust Renewal Application |
Change of Officer | $0.00 | |
Branch Manager Change | $0.00 | |
Address Change | $0.00 | |
Annual Report of Trust Assets and Liabilities |
A.R.S. §6-861. Reports
A. The Director may require reports of financial condition and relevant information concerning the business operations of each trust company, shall fix and extend the time for the filing of such reports and shall assess a penalty of fifty dollars for each day the trust company is delinquent
A.A.C. R20-4-805. Reports
A. Within 90 days following each December 31, each trust department and trust company shall file an annual report of trust assets with the Director on the form prescribed by the Director . The annual report shall include the current market value of all trust assets held by the trust department or trust company as of December 31. The report shall also identify and briefly describe all transactions conducted in the report period that are regulated by R20-4-812(E) through R20-4-812(G).
B. Each trust company shall deliver a copy of its annual report and certificate of disclosure to the Director within 10 days of filing the report and certificate at the Arizona Corporation Commission. A report or certificate covered by this subsection is one filed under the authority of A.R.S. §§ 10-202 or 10-1622. A copy delivered to the Director , as required in this subsection, shall be date-stamped by the Arizona Corporation Commission to confirm the actual filing date.
C. Each trust company shall notify the Director of any change in the directors or officers of the company within 10 days of the change. Any trust company with more than 25 officers may, after obtaining the Director 's written approval, limit the officers covered by this subsection to those with substantial involvement in the trust company's corporate operations or in the trust company's trust business in this state.
Arizona Revised Statutes Title 6
Chapter 8 TRUST COMPANIES
Article 1 | General Provisions |
6-851 | Definitions |
6-852 | Exemptions and permitted activities |
6-853 | Certificate required; exceptions |
6-854 | Application for certificate |
6-854.01 | Articles of incorporation; approval; changes |
6-854.02 | Board of directors; number; bylaws |
6-855 | Fees |
6-856 | Minimum capital; dividends; other requirements |
6-857 | Issuance of certificate; hearing |
6-859 | Records; audits; preservation of records; protection; insurance; bond; contingency plan |
6-860 |
Duty of trustee, escrow officer or agent to produce trust or escrow records for inspection; violation; classification |
6-861 | Reports |
6-862 | Trust funds |
6-863 | Suspension or revocation of certificate |
6-864 | Continuing jurisdiction |
6-865 | Unsafe condition; receivership |
6-866 | Limit of legal action |
6-867 | Trust company name |
6-868 | Fidelity bond; requirements |
6-869 | Meetings; reports; report of examination; response; penalties |
6-870 | Trust committee |
6-870.01 | Acceptance of other examinations; cooperative agreements |
6-870.02 | Prohibited acts |
Article 2 | Uniform Common Trust Fund Act |
6-871 | Establishment of common trust funds |
6-872 | Court accountings |
6-873 | Uniformity of interpretation |
6-874 | Short title |
ARTICLE 1. | GENERAL |
Section | Please use the following links for ALL Articles below - https://apps.azsos.gov/public_services/Title_20/20-04.pdf |
R20-4-101. | Scope of Article |
R20-4-102. | Definitions |
R20-4-103. | Fingerprints |
ARTICLE 8 | TRUST COMPANIES |
R20-4-104 | Acceptance of Other Forms |
R20-4-105 | Claims Against a Deposit in Place of Bond |
R20-4-106 | Bankruptcy |
R20-4-107 | Licensing Time-frames |
Table A | Licensing Time-frames |
Section | Please use the following links for ALL Articles below - https://apps.azsos.gov/public_services/Title_20/20-04.pdf |
R20-4-801 | Definitions |
R20-4-802 | Reserved |
R20-4-803 | Reserved |
R20-4-804 | Repealed |
R20-4-805 | Reports |
R20-4-806 | Records |
R20-4-807 | Unsafe or Unsound Condition |
R20-4-808 | Administration of Fiduciary Powers |
R20-4-809 | Fiduciary Duties |
R20-4-810 | Funds Awaiting Investment or Distribution |
R20-4-811 | Investment of Trust Funds |
R20-4-812 | Self-dealing |
R20-4-813 | Custody of Investments |
R20-4-814 | Compensation |
R20-4-815 | Collective Investments |
R20-4-816 | Termination of Trust or Fiduciary Powers and Duties |
App | A. Repealed |
App | B. Repealed |
Substantive Policy Statements
ARTICLE 7. | TRUST COMPANIES |
Repealed - LIQUID CAPITAL REQUIREMENT | TC-1 Repealed |
AUDIT REQUIREMENTS | TC-2 |
Regulatory Alerts -
Before January 15 of each year, each licensee may obtain a renewal of a certificate by filing an application in the form prescribed by the Director and paying the fee prescribed in A.R.S. §6-126.
License Year: January 1 through December 31.
Renewal Package Due: January 1 through January 15: Without Penalty
You must submit to DIFI, Financial Institutions Division, a completed application package along with the applicable application fee.
It is the policy of DIFI to select the most effective and efficient methods of conducting examinations so that significant risks affecting safety and soundness, as well as substantive statutory compliance, can be identified and, if necessary, appropriate supervisory action taken. Judgment must be utilized to ensure that necessary procedures are performed and ineffective activities are avoided.
The examination fee in accordance with A.R.S. 6-125 is not more than sixty-five dollars per hour for each examiner. The assessment late penalty is fifty dollars for each day after the thirty day period the enterprise fails to remit the assessment not to exceed the examination assessment amount.
Pursuant to A.R.S. §6-122(B)(1) examination frequency is at least once in every year and more frequently if the Director considers it necessary.
DIFI has adopted a new internet-based encryption e-mail system called Virtru. Virtru will keep your submissions confidential. Click HERE for more information.