305B2 1 d305b2.htm FORM 305B2 Form 305B2

FORM T-1

 

STATEMENT OF ELIGIBILITY

UNDER THE TRUST INDENTURE ACT OF 1939

OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE

 

CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY

OF A TRUSTEE PURSUANT TO SECTION 305(b)(2) x

 

 

JPMORGAN CHASE BANK

(Exact name of trustee as specified in its charter)

 

A New York Banking Corporation    13-4994650
     (I.R.S. employer
     identification number)
270 Park Avenue    10017
New York, New York    (Zip Code)
(Address of principal executive offices)     

 

William H. McDavid

General Counsel

270 Park Avenue

New York, New York 10017

Tel: (212) 270-2611

(Name, address and telephone number of agent for service)

 

 

CAPITAL ONE AUTO RECEIVABLES, LLC

CAPITAL ONE AUTO FINANCE TRUST 2004-B

(Each trust that issues notes under the related prospectus and prospectus supplement)

(Exact name of obligor as specified in its charter)

 

Delaware    31-1750007
Delaware    51-6557815
(States or other jurisdictions of    (I.R.S. employer
incorporation or organization)    identification numbers)
1680 Capital One Drive     
McLean, VA     
Wilmington Trust Company     
Rodney Square North     
1100 North Market Street    22102
Wilmington, DE    19890
(Addresses of principal executive office)    (Zip Codes)

 

Asset Backed Notes

(Title of the indenture securities)

GENERAL

 

Item 1. General Information.

 

Furnish the following information as to the trustee:

 

  (a) Name and address of each examining or supervising authority to which it is subject.

 

New York State Banking Department, State House, Albany, New York 12110.

 

Board of Governors of the Federal Reserve System, Washington, D.C., 20551

 

Federal Reserve Bank of New York, District No. 2, 33 Liberty Street, New York, N.Y.

 

Federal Deposit Insurance Corporation, Washington, D.C., 20429.

 

  (b) Whether it is authorized to exercise corporate trust powers.

 

Yes.

 

Item 2. Affiliations with the Obligor.

 

If the obligor is an affiliate of the trustee, describe each such affiliation.

 

None.

 

Item 16. List of Exhibits

 

List below all exhibits filed as a part of this Statement of Eligibility.

 

1. A copy of the Restated Organization Certificate of the Trustee and the Certificate of Amendment dated November 9, 2001 (see Exhibit 1 to Form T-1 filed in connection with Registration Statement No. 333-73746 which is incorporated by reference).

 

2. A copy of the Certificate of Authority of the Trustee to Commence Business (see Exhibit 2 to Form T-1 filed in connection with Registration Statement No. 33-50010, which is incorporated by reference). On November 11, 2001, in connection with the merger of The Chase Manhattan Bank and Morgan Guaranty Trust Company of New York, the surviving corporation was renamed JPMorgan Chase Bank.

 

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3. None, authorization to exercise corporate trust powers being contained in the documents identified above as Exhibits 1 and 2.

 

4. A copy of the existing By-Laws of the Trustee (see Exhibit 4 to Form T-1 filed in connection with Registration Statement No. 333-73746, which is incorporated by reference).

 

5. Not applicable.

 

6. The consent of the Trustee required by Section 321(b) of the Act (see Exhibit 6 to Form T-1 filed in connection with Registration Statement No. 33-50010, which is incorporated by reference). On November 11, 2001, in connection with the merger of The Chase Manhattan Bank and Morgan Guaranty Trust Company of New York, the surviving corporation, was renamed JPMorgan Chase Bank.

 

7. A copy of the latest report of condition of the Trustee, published pursuant to law or the requirements of its supervising or examining authority attached as Exhibit 7.

 

8. Not applicable.

 

9. Not applicable.

 

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SIGNATURE

 

Pursuant to the requirements of the Trust Indenture Act of 1939 the Trustee, JPMorgan Chase Bank, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of New York and State of New York, on the 9th day of September, 2004.

 

JPMORGAN CHASE BANK
By:   /S/    ARANKA R. PAUL         
   

Aranka R. Paul

Assistant Vice President

 

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Exhibit 7 to Form T-1

 

Bank Call Notice

 

RESERVE DISTRICT NO. 2

CONSOLIDATED REPORT OF CONDITION OF

 

JPMorgan Chase Bank

of 270 Park Avenue, New York, New York 10017

and Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System,

 

at the close of business March 31, 2004, in

accordance with a call made by the Federal Reserve Bank of this

District pursuant to the provisions of the Federal Reserve Act.

 

ASSETS

         Dollar Amounts
in Millions

Cash and balances due from depository institutions:

       

Noninterest-bearing balances and currency and coin

    $ 19,589

Interest-bearing balances

      35,104

Securities:

       

Held to maturity securities

      156

Available for sale securities

      64,028

Federal funds sold and securities purchased under agreements to resell

       

Federal funds sold in domestic offices

      30,180

Securities purchased under agreements to resell

      74,963

Loans and lease financing receivables:

       

Loans and leases held for sale

      19,061

Loans and leases, net of unearned income

    $ 163,825       

Less: Allowance for loan and lease losses

      2,771       

Loans and leases, net of unearned income and allowance

      161,054

Trading Assets

      191,989

Premises and fixed assets (including capitalized leases)

      5,959

Other real estate owned

      118

Investments in unconsolidated subsidiaries and associated companies

      837

Customers’ liability to this bank on acceptances outstanding

      203

Intangible assets

       

Goodwill

      2,539

Other Intangible assets

      4,521

Other assets

      38,391
           

TOTAL ASSETS

    $ 648,692
           

 

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LIABILITIES       

Deposits

       

In domestic offices

    $ 210,211

Noninterest-bearing

    $ 80,262       

Interest-bearing

      129,949       

In foreign offices, Edge and Agreement subsidiaries and IBF’s

      120,623

Noninterest-bearing

    $ 7,920       

Interest-bearing

      112,703       

Federal funds purchased and securities sold under agreements to repurchase:

       

Federal funds purchased in domestic offices

      6,480

Securities sold under agreements to repurchase

      102,641

Trading liabilities

      114,412

Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases)

      20,692

Bank’s liability on acceptances executed and outstanding

      203

Subordinated notes and debentures

      8,039

Other liabilities

      26,877

TOTAL LIABILITIES

      610,178

Minority Interest in consolidated subsidiaries

      346
EQUITY CAPITAL       

Perpetual preferred stock and related surplus

      0

Common stock

      1,785

Surplus (exclude all surplus related to preferred stock)

      16,318

Retained earnings

      20,049

Accumulated other comprehensive income

      16

Other equity capital components

      0

TOTAL EQUITY CAPITAL

      38,168
           

TOTAL LIABILITIES, MINORITY INTEREST, AND EQUITY CAPITAL

    $ 648,692
           
I, Joseph L. Sclafani, E.V.P. & Controller of the above-named bank, do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.       

JOSEPH L. SCLAFANI

       
We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.       

 

WILLIAM B. HARRISON, JR.    

   )                    

ELLEN V. FUTTER

   )     DIRECTORS                

FRANK A. BENNACK, JR.

   )                    

 

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