Trust FAQ

Question: How are state-chartered trust companies regulated?
Answer: The Texas Department of Banking conducts an annual examination of these entities.

Question: Are trust companies insured by the FDIC?
Answer: No

Question: How do I know if a trust company is in good "standing"?
Answer: Examination ratings are confidential information; however, a trust company’s minimum capital requirement is $1 million. This can be compared to financial statements for a better understanding of the trust company’s financial standing.

Question: Can I access a state-chartered trust company’s financial information?
Answer: Yes. If we regulate the trust company, you can request a copy of the trust company’s financial statements. To do so, contact our Public Information Coordinator.

Question: What is a Self-Directed Individual Retirement Account (IRA)?
Answer: A self-directed IRA is an account where the investor establishes and contributes to the account. The investor makes all of the decisions with respect to the investment and the assets held in the account. Remember that an IRA is a type of tax deferred savings plan and the Internal Revenue Code applies. If you wish to find more information concerning tax issues, contact the Internal Revenue Service.

Question: What are the responsibilities for the trust company and for me concerning a Self-Directed IRA?
Answer: A self-directed IRA can be set up as either a trust or custodial account. The language used in the Agreement, made between you and the trust company, determines the responsibilities for each party. The agreement should specify what each party agrees to do in respect to the investment and/or assets in the account. You should read your Agreement carefully to determine your responsibility concerning your IRA.

Question: Where can I locate my personal family trust?
Answer:  The Department regulates Texas state-chartered trust companies that offer fiduciary services. If your family trust is managed by a state-chartered trust company, we place you in contact with the trust company for assistance. If you are searching for a specific personal family trust, you should contact the county clerk’s office where the personal family trust was established.