Arizona Laws 14-6308. Registering entity; obligations; protection
A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.
Terms Used In Arizona Laws 14-6308
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: means an individual for whom property has been transferred to, or held under a declaration of trust by, a custodial trustee for the individual's use and benefit under this chapter. See Arizona Laws 14-9101
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the owner's death. See Arizona Laws 14-6301
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
- Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. See Arizona Laws 14-1201
- Registering entity: means a person who originates or transfers a security title by registration and includes a broker who maintains security accounts for customers and a transfer agent or other person who acts for or as an issuer of securities. See Arizona Laws 14-6301
- Security: means any share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account. See Arizona Laws 14-6301
B. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that it will implement the registration on the death of the deceased owner as provided in this article.
C. A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 14-6307 and does so in good faith reliance on the registration, on the requirements of this article and on information provided to it by affidavit of the personal representative of the deceased owner, the surviving beneficiary or the surviving beneficiary’s representatives or by other information available to the registering entity.
D. The protections of this section do not extend to a reregistration or payment made after a registering entity receives written notice that a claimant to any interest in the security objects to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this section.
E. This section does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.