West Virginia Code § 31A-4-18

Capital as fiduciary security; additional security
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Whenever any banking institution, nonbanking subsidiary of a bank holding company,
nonbanking subsidiary of a bank or entity jointly owned by federally insured depository
institutions authorized to exercise trust powers pursuant to the provisions of section
fourteen of this article, and having complied with the requirements of this article, shall be
appointed trustee, assignee, receiver, guardian, executor, administrator, speecial
commissioner, curator, committee, or in any other fiduciary capacity, or shall be directed by
the order or decree of any court to execute any trust whatsoever, the crapital and other
assets of the fiduciary corporation shall constitute the security required by law for the
faithful performance of its duties and shall be absolutely liable in case of any default
whatsoever but, where the liability under any such appointment as trustee, assignee,
receiver, guardian, executor, administrator, special commisstioner, curator or committee, or,
in the execution of any trust by order or decree of any court, shall be equal to, or shall
exceed the capital and surplus of such fiduciary corporation, the court making such
appointment or entering such order or decree may require, and the fiduciary shall give,
additional security. No bond shall be required of any banking institution, nonbanking
subsidiary of a bank holding company, nonbanking subsidiary of a bank or entity jointly
owned by federally insured depository institutions unless such additional security is
required.

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