Readings in Money and Banking: Selected and AdaptedPhillips, Chester Arthur
General
Readings in Money and Banking: Selected and Adapted
Phillips, Chester Arthur
Banks and banking; Banks and banking -- United States; Money
In recent years the trust companies have shown a tendency,
when acting as mortgage trustees, to recognize a greater
moral responsibility than they at first were willing to
bear. Trust companies did not, of course, intend to appear
as in any way guaranteeing the bonds to which they
certified, though that seems often to have been the
erroneous opinion of the unthinking; but trustees now
acknowledge themselves bound within the limits of the
mortgage to use their influence to protect the interest of
the bondholders. A trust company which should now allow the
issue of unsecured bonds because of some glaring defect in
the language of the mortgage, would not longer be morally
excused by financial opinion, though perhaps held
technically innocent.[92]
As trustee under corporate mortgages and trust deeds, the trust company
acts for the bondholders. It is customary for it to authenticate each
bond issued subject to the provisions of the mortgage, to represent the
bondholders in case of default, and to exercise such other functions as
may be provided in the mortgage.
A generation ago it was customary for a railroad to name one or more
individuals as trustees of the mortgages executed to secure bond issues.
The development of trust companies and their manifest advantages over
individuals in such a capacity has resulted in their absorbing almost
all this business. Trust companies are now generally appointed as
trustees in corporation mortgages, and are also often named to succeed
individuals who have died or resigned. The appointment is one of the
most important and far reaching which the trust company can accept. Its
name and reputation serve as an assurance that the transaction is a
regular one, and entered into in good faith. Although the modern
corporation mortgage is usually explicit in its terms to the effect that
the trustee in no way guarantees the value of the security and assumes
no liability except for its own negligence, yet the intimate connection
between the trustee and the borrowing corporation in the minds of
investors makes it necessary that care be taken not to assume
trusteeships which may lead to a wrong use of the name and credit of the
trust company.
As trustee under mortgages securing bond issues, the title to the
mortgaged property is vested in the trust company for the benefit of the
security holders. The corporation owning the mortgaged property retains
physical possession of it so long as the terms of the obligation are
complied with, except in the case of securities pledged, which are
usually lodged with the trustee. In case of default, however, it
devolves upon the trustee to protect the interests of the bondholders,
and this may necessitate the foreclosure of the mortgage and sale of the
property.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account