§ 6-851 Definitions
§ 6-852 Exemptions and allowed 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

Terms Used In Arizona Laws > Title 6 > Chapter 8 > Article 1 - General Provisions

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means a person who receives compensation to regularly perform services specifically related to the conduct of the trust business. See Arizona Laws 6-851
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Angling: means taking fish by one line and not more than two hooks, by one line and one artificial lure, which may have attached more than one hook, or by one line and not more than two artificial flies or lures. See Arizona Laws 17-101
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquatic wildlife: means fish, amphibians, mollusks, crustaceans and soft-shelled turtles. See Arizona Laws 17-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bag limit: means the maximum limit, in number or amount, of wildlife that any one person may lawfully take during a specified period of time. See Arizona Laws 17-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Big game: means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), bear and mountain lion. See Arizona Laws 17-101
  • Bonds: means bonds issued by the commission pursuant to this article. See Arizona Laws 17-281
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Capital: means the total of outstanding common stock, preferred stock and surplus and undivided profits. See Arizona Laws 6-851
  • Certificate: means a certificate of authority issued under this chapter to engage in trust business. See Arizona Laws 6-851
  • Closed season: means the time during which wildlife may not be lawfully taken. See Arizona Laws 17-101
  • Commission: means the Arizona game and fish commission. See Arizona Laws 17-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential information: means any data collected about a landowner, species or property location from a private landowner or property owner by a state agency or municipal agency or an entity acting on the agency's behalf. See
  • Conservation plan: means a species conservation plan that promotes compliance with federal law protecting endangered species, species proposed for listing and candidate species in a manner consistent with this state's economic development and fiscal stability, including candidate conservation agreements, candidate conservation agreements with assurances and habitat conservation plans. See
  • Contingency plan: means a document stating a trust company's means of conducting business and preserving records in the event of any power outage, flood or other physical emergency. See Arizona Laws 6-851
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cross-country: means travel over the countryside other than by road. See Arizona Laws 17-451
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Arizona game and fish department. See Arizona Laws 17-101
  • Department: means the department of insurance and financial institutions. See Arizona Laws 6-101
  • Dependent: A person dependent for support upon another.
  • Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
  • Device: means any net, trap, snare, salt lick, scaffold, deadfall, pit, explosive, poison or stupefying substance, crossbow, firearm, bow and arrow, or other implement used for taking wildlife. See Arizona Laws 17-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discretionary assets: means those assets in which the trust company has the unilateral authority to determine investment strategies and execute investment transactions without seeking the concurrence, approval or authority from the customer or any other external party. See Arizona Laws 6-851
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domicile: means a person's true, fixed and permanent home and principal residence. See Arizona Laws 17-101
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Endangered species: means any species that is in danger of extinction throughout all or a significant portion of its range and is listed as endangered pursuant to the endangered species act. See
  • Endangered Species Act: means the endangered species act of 1973 (P. See
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Falconry: means the sport of hunting or taking quarry with a trained raptor. See Arizona Laws 17-101
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative, administrator, guardian, conservator, trustee, agent or other person who acts in a fiduciary capacity and who is not exempt by section 6-852. See Arizona Laws 6-851
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fur dealer: means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals. See Arizona Laws 17-101
  • Fur-bearing animals: means muskrats, raccoons, otters, weasels, bobcats, beavers, badgers and ringtail cats. See Arizona Laws 17-101
  • Game and fish facilities purpose: means :

    (a) Construction of game and fish facilities. See Arizona Laws 17-281

  • Game and fish facility: means any real property, fixtures, furnishings and equipment that the commission deems appropriate to carry out this title, including the preservation or propagation of wildlife and the preservation or development of habitat. See Arizona Laws 17-281
  • Game fish: means trout of all species, bass of all species, catfish of all species, sunfish of all species, northern pike, walleye and yellow perch. See Arizona Laws 17-101
  • Game mammals: means deer, elk, bear, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), mountain lion, tree squirrel and cottontail rabbit. See Arizona Laws 17-101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guide: means a person who meets any of the following:

    (a) Advertises for guiding services. See Arizona Laws 17-101

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means the trust company does not possess assets that are at least equal to liabilities, required reserves and total issued and outstanding capital. See Arizona Laws 6-851
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License year: means the twelve-month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule. See Arizona Laws 17-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquid capital: means legal tender, capital in the form of certificates of deposit issued by banks, savings banks or savings and loan associations doing business in this state and insured by the federal deposit insurance corporation or any successor institution, including deposits to a single depository where excess deposit insurance is provided through a reciprocal deposit arrangement by participating banks, or direct obligations of the United States government with maturity of not more than five years. See Arizona Laws 6-851
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Migratory game birds: means wild waterfowl, including ducks, geese and swans, sandhill cranes, all coots, all gallinules, common snipe, wild doves and bandtail pigeons. See Arizona Laws 17-101
  • Minor: means a person under eighteen years of age. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
  • Nighttime: means the period between sunset and sunrise. See Arizona Laws 1-215
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open season: means the time during which wildlife may be lawfully taken. See Arizona Laws 17-101
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Possession limit: means the maximum limit, in number or amount of wildlife, that any one person may possess at one time. See Arizona Laws 17-101
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predatory animals: means foxes, skunks, coyotes and bobcats. See Arizona Laws 17-101
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • projects: means a project for selection, restoration, rehabilitation or improvement of areas of land or water adaptable as feeding, resting or breeding places for wildlife or fish, and includes acquisition by purchase, lease or gift of the property or interest therein as may be suitable or capable of being made suitable therefor, and the construction of such works as may be necessary to efficient administration of wildlife resources, and such preliminary or incidental expenses as may be incurred in and about the project. See Arizona Laws 17-401
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Property owner: means a person with a fee simple, leasehold or other property interest, including owners of water or other natural resources, or any other entity that may have a property interest, sufficient to carry out species research or management activities, subject to applicable state law, on nonfederal land. See
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • range: means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. See Arizona Laws 17-601
  • Raptors: means birds that are members of the order of falconiformes or strigiformes and includes falcons, hawks, owls, eagles and other birds that the commission may classify as raptors. See Arizona Laws 17-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Research: means scientifically valid data that is collected on a species that is already protected under the endangered species act or potentially subject to federal protection under the endangered species act. See
  • Resolution: means any resolution adopted by the commission and any trust indenture or other agreement executed by the commission pursuant to a resolution. See Arizona Laws 17-281
  • Restoration acts: means the Pittman-Robertson federal aid in wildlife restoration act found in 50 Stat. See Arizona Laws 17-401
  • Road: means any maintained right-of-way for public conveyance. See Arizona Laws 17-101
  • Road: means any maintained or unmaintained road that has been utilized by the public. See Arizona Laws 17-451
  • Secretary: means the secretary of the interior of the United States, or any officer or agency of the United States authorized to administer the restoration acts. See Arizona Laws 17-401
  • Small game: means cottontail rabbits, tree squirrels, upland game birds and migratory game birds. See Arizona Laws 17-101
  • Specie: means coins having precious metal content. See Arizona Laws 6-851
  • Species: includes any species or subspecies of fish, wildlife or plants and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature. See
  • State agency: means any state agency, authority or body that is established and authorized by the legislature. See
  • Statewide: means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order. See Arizona Laws 17-101
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus: means the total amount paid by shareholders in excess of the par or stated value of the shares of capital stock of a trust business in consideration for the shares. See Arizona Laws 6-851
  • Take: means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or placing or using any net or other device or trap in a manner that may result in capturing or killing wildlife. See Arizona Laws 17-101
  • Taxidermist: means any person who engages for hire in mounting, refurbishing, maintaining, restoring or preserving any display specimen. See Arizona Laws 17-101
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title: includes this title, title 32, chapters 9 and 36 and Title 44, Chapter 2. See Arizona Laws 6-101
  • trapping: means taking wildlife in any manner except with a gun or other implement in hand. See Arizona Laws 17-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trout: means all species of the family salmonidae, including grayling. See Arizona Laws 17-101
  • Trust business: means the holding out by a person to the public at large by advertising, solicitation or other means that the person is available to act as a fiduciary in this state and accepting and undertaking to perform the duties as such a fiduciary in the regular course of business. See Arizona Laws 6-851
  • Trust company: means a corporation holding a certificate issued under this article. See Arizona Laws 6-851
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Upland game birds: means quail, partridge, grouse and pheasants. See Arizona Laws 17-101
  • Verdict: The decision of a petit jury or a judge.
  • Wild: means , in reference to mammals and birds, those species that are normally found in a state of nature. See Arizona Laws 17-101
  • Wildlife: means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn. See Arizona Laws 17-101
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215
  • Youth: means a person who is under eighteen years of age. See Arizona Laws 17-101