(a) The department may require, based on safety and soundness, that a trust company maintain a minimum amount of capital, provided that such amount shall in no event be less than $3 million. The department may alter the amount of capital required to be maintained by a trust company from time to time as may be necessary for the safe and sound operation of such trust company.
(b) The department may consider the following in establishing the minimum amount of capital:
(1) The nature and type of business to be conducted;
(2) The nature and liquidity of assets to be held;
(3) The amount of fiduciary assets to be under management of the trust company;
(4) The type of fiduciary assets to be held and the depository for such assets;
(5) The complexity of fiduciary duties and degree of discretion to be undertaken;
(6) The competence and experience of management;
(7) The extent and adequacy of internal controls;
(8) The presence or absence of annual unqualified audits by an independent certified public accountant;
(9) The reasonableness of business plans for retaining or acquiring additional equity capital;
(10) The existence and adequacy of insurance to protect the clients, beneficiaries, and grantors of the trust company;
(11) Any history of operating losses;
(12) Any history of loss in relation to fiduciary or custodial accounts; and
(13) The amount of support from the trust company's parent or affiliate.
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