Virginia Code 64.2-1908: Manner of creating custodial property and effecting transfer; designation of initial custodian; control
A. Custodial property is created and a transfer is made whenever:
Terms Used In Virginia Code 64.2-1908
- Adult: means an individual who attained the age of 18 years. See Virginia Code 64.2-1900
- 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.
- Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See Virginia Code 64.2-1900
- Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Virginia Code 64.2-1900
- Contract: A legal written agreement that becomes binding when signed.
- Custodial property: means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property. See Virginia Code 64.2-1900
- Custodian: means a person so designated under § 64. See Virginia Code 64.2-1900
- Financial institution: means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law. See Virginia Code 64.2-1900
- Minor: means an individual who has not attained the age of 18 years. See Virginia Code 64.2-1900
- Person: means an individual, corporation, organization, or other legal entity. See Virginia Code 64.2-1900
- Personal property: All property that is not real property.
- Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Virginia Code 64.2-1900
- 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 Virginia Code 64.2-1900
- Transfer: means a transaction that creates custodial property under § 64. See Virginia Code 64.2-1900
- Transferor: means a person who makes a transfer under this chapter. See Virginia Code 64.2-1900
- Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Virginia Code 64.2-1900
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
1. An uncertificated security or a certificated security in registered form is either:
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 Virginia 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 subsection 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia Uniform Transfers to Minors Act.”
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 subsection B.
Nothing in this subsection shall be deemed to prohibit the creation or transfer of custodial property from a personal representative, trustee, or conservator to himself as custodian pursuant to §§ 64.2-1904, 64.2-1905, and 64.2-1906.
B. An instrument in the following form satisfies the requirements of subdivisions A 1 b and A 7.
TRANSFER UNDER THE VIRGINIA 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 Virginia 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 Virginia 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.
D. A transferor who transfers property to an individual under the age of 21 years pursuant to § 64.2-1903 or 64.2-1904 may expressly provide that the custodian shall deliver, convey, or pay the property to the individual on the individual’s attaining the age of 21 by inclusion of the parenthetical “(21)” after the words “Virginia Uniform Transfers to Minors Act” or substantially similar language. In such case, the word “minor” as used in this chapter shall mean an individual who has not attained the age of 21 years.
E. A transferor who transfers property on or after July 1, 2019, to an individual under the age of 21 years pursuant to § 64.2-1903 or 64.2-1904 may expressly provide that the custodian shall deliver, convey, or pay the property to the individual on the individual’s attaining the age of 25 by inclusion of the parenthetical “(25)” after the words “Virginia Uniform Transfers to Minors Act” or substantially similar language. In such case, the word “minor” as used in this chapter shall mean an individual who has not attained the age of 25 years.
1988, c. 516, § 31-45; 1989, c. 548; 1990, c. 831; 2012, c. 614; 2019, c. 527.