Wash. Admin. Code § 208-536-100 - Organization and management fees
(1) A trust company administering a
collective investment fund may charge reasonable expenses incurred in operating
the collective investment fund but shall absorb the costs of establishing or
reorganizing a collective investment fund.
(2) The trust company may charge a fee for
the management of the collective investment fund provided (a) the fee is
permitted under applicable law (and complies with fee disclosure requirements,
if any) in the state in which the trust company maintains the fund; and (b) the
amount of the fee does not exceed an amount commensurate with the value of
legitimate services of tangible benefit to the participating fiduciary accounts
that would not have been provided to the accounts were they not invested in the
fund.
(3)
(a) The reasonable expenses incurred in
servicing mortgages held by a collective investment fund may be charged against
the income account of the fund and paid to servicing agents, including the
trust company administering the fund.
(b) A trust company may (but shall not be
required to) transfer up to 5 percent of the net income derived by a collective
investment fund from mortgages held by such fund during any regular accounting
period to a reserve account: Provided, That no such transfers shall be made
which would cause the amount in such account to exceed 1 percent of the
outstanding principal amount of all mortgages held in the fund. The amount of
such reserve account, if established, shall be deducted from the assets of the
fund in determining the fair market value of the fund for the purposes of
admissions and withdrawals.
(c) At
the end of each accounting period, all interest payments which are due but
unpaid with respect to mortgages in the fund shall be charged against such
reserve account to the extent available and credited to income distributed to
participants. In the event of subsequent recovery of such interest payments by
the fund, the reserve account shall be credited with the amount so
recovered.
Notes
Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as § 208-536-100, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 43.320.010, 43.329.040 and 30.04.030. 99-01-119, § 50-36-100, filed 12/18/98, effective 1/18/99; Order 22, § 50-36-100, filed 8/14/73.
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