Okla. Stat. tit. 70, § 70-3955
This is the official text of Okla. Stat. tit. 70, § 70-3955, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.
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Fiduciary duties - Conflict of interest
Official statutory text
A. A fiduciary with respect to the Oklahoma State Regents'
Endowment Trust Fund, the Oklahoma State Regents' Academic Scholars
Trust Fund, the Oklahoma Higher Learning Access Trust Fund, the
Oklahoma GEAR UP Scholarship Trust Fund, or the Oklahoma Tuition
Equalization Grant Trust Fund, hereafter the "Trust Fund," shall not
cause the Trust Fund to engage in a transaction if the fiduciary
knows or should know that such transaction constitutes a direct or
indirect:
1. Sale or exchange, or leasing of any property from the Trust
Fund to a party in interest;
2. Lending of money or other extension of credit from the Trust
Fund to a party in interest;
3. Furnishing of goods, services, or facilities from the Trust
Fund to a party in interest; or
Oklahoma Statutes - Title 70. Schools Page 1584
4. Transfer to, or use by or for the benefit of, a party in
interest of any assets of the Trust Fund.
B. A fiduciary with respect to the Trust Fund shall not:
1. Deal with the assets of the Trust Fund in the fiduciary's
own interest or for the fiduciary's own account;
2. In the fiduciary's individual or any other capacity act in
any transaction involving the Trust Fund on behalf of a party whose
interests are adverse to the interests of the Trust Fund; or
3. Receive any consideration for the fiduciary's own personal
account from any party dealing with the Trust Fund in connection
with a transaction involving the assets of the Trust Fund.
C. A fiduciary with respect to the Trust Fund may:
1. Invest all or part of the assets of the Trust Fund in
deposits which bear the highest interest rate available for funds
with the necessary degree of availability in a bank or similar
financial institution supervised by the United States or a state, if
such bank or other institution is a fiduciary of such plan; or
2. Provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Trust Fund to the extent that the person or the
financial institution:
1. Exercises any discretionary authority or discretionary
control respecting management of the Trust Fund or exercises any
authority or control respecting management or disposition of the
assets of the Trust Fund;
2. Renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the Trust Fund, or has any authority or responsibility to do so; or
3. Has any discretionary authority or discretionary
responsibility in the administration of the Trust Fund.
Endowment Trust Fund, the Oklahoma State Regents' Academic Scholars
Trust Fund, the Oklahoma Higher Learning Access Trust Fund, the
Oklahoma GEAR UP Scholarship Trust Fund, or the Oklahoma Tuition
Equalization Grant Trust Fund, hereafter the "Trust Fund," shall not
cause the Trust Fund to engage in a transaction if the fiduciary
knows or should know that such transaction constitutes a direct or
indirect:
1. Sale or exchange, or leasing of any property from the Trust
Fund to a party in interest;
2. Lending of money or other extension of credit from the Trust
Fund to a party in interest;
3. Furnishing of goods, services, or facilities from the Trust
Fund to a party in interest; or
Oklahoma Statutes - Title 70. Schools Page 1584
4. Transfer to, or use by or for the benefit of, a party in
interest of any assets of the Trust Fund.
B. A fiduciary with respect to the Trust Fund shall not:
1. Deal with the assets of the Trust Fund in the fiduciary's
own interest or for the fiduciary's own account;
2. In the fiduciary's individual or any other capacity act in
any transaction involving the Trust Fund on behalf of a party whose
interests are adverse to the interests of the Trust Fund; or
3. Receive any consideration for the fiduciary's own personal
account from any party dealing with the Trust Fund in connection
with a transaction involving the assets of the Trust Fund.
C. A fiduciary with respect to the Trust Fund may:
1. Invest all or part of the assets of the Trust Fund in
deposits which bear the highest interest rate available for funds
with the necessary degree of availability in a bank or similar
financial institution supervised by the United States or a state, if
such bank or other institution is a fiduciary of such plan; or
2. Provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Trust Fund to the extent that the person or the
financial institution:
1. Exercises any discretionary authority or discretionary
control respecting management of the Trust Fund or exercises any
authority or control respecting management or disposition of the
assets of the Trust Fund;
2. Renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the Trust Fund, or has any authority or responsibility to do so; or
3. Has any discretionary authority or discretionary
responsibility in the administration of the Trust Fund.
Status: in_force · Read it on the official government site
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