N.Y. Estates, Powers and Trusts Law 7-6.9 – Manner of creating custodial property and effecting transfer;
§ 7-6.9 Manner of creating custodial property and effecting transfer; designation of initial custodian; control
Terms Used In N.Y. Estates, Powers and Trusts Law 7-6.9
- 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.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Custodial property is created and a transfer is made whenever:
(1) an uncertificated security or certificated security in registered form is either:
(i) 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 New York Uniform Transfers to Minors Act"; or
(ii) 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 paragraph (b);
(2) money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, 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 New York Uniform Transfers to Minors Act";
(3) the ownership of a life or endowment insurance policy or annuity contract is either:
(i) 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 New York Uniform Transfers to Minors Act"; or
(ii) 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 New York 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 New York 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 New York 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:
(i) 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 New York Uniform Transfers to Minors Act"; or
(ii) 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 New York Uniform Transfers to Minors Act"; or
(7) an interest in any property not described in subparagraphs (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 paragraph (b).
(b) An instrument in the following form satisfies the requirements of clause (ii) of subparagraph (1) and subparagraph (7) of paragraph (a):
"TRANSFER UNDER THE NEW YORK UNIFORM
TRANSFERS TO MINORS ACT
I, __________________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ________________ (name of custodian), as custodian for ________________ (name of minor) under the New York Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: _____________________
__________________________________
(Signature) _________________________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the New York Uniform Transfers to Minors Act. Dated: _____________________
_________________________________"
(Signature of Custodian)
(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.