South Dakota Codified Laws 55-10A-9. Manner of creating custodial property and effecting transfer
Custodial property is created and a transfer is made if:
(1) An uncertificated security or a certificated security in registered form is either:
Terms Used In South Dakota Codified Laws 55-10A-9
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See South Dakota Codified Laws 55-10A-1
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(a) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”; or
(b) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in § 55-10A-10;
(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”;
(3) The ownership of a life or endowment insurance policy or annuity contract is either:
(a) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”; or
(b) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for __________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”;
(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company whose name in the notification is followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”;
(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”;
(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
(a) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”; or
(b) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for _________________________ (name of minor) under the South Dakota Uniform Transfers to Minors Act”; or
(7) An interest in any property not described in subdivisions (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in § 55-10A-10.
Source: SL 1986, ch 409, § 9.