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8-6-146
Section 8-6-146 Death of owner. On death of a sole owner or the last to die of all multiple
owners, ownership of securities registered in beneficiary form passes to the beneficiary or
beneficiaries who survive all owners. On proof of death of all owners and compliance with
any applicable requirements of the registering entity, a security registered in beneficiary
form may be reregistered in the name of the beneficiary or beneficiaries who survived the
death of all owners. Until division of the security after the death of all owners, multiple
beneficiaries surviving the death of all owners hold their interests as tenants in common.
If no beneficiary survives the death of all owners, the security belongs to the estate of
the deceased sole owner or the estate of the last to die of all multiple owners. (Acts 1997,
No. 97-703, p. 1451, §7; Act 98-279, p. 1451, §1.)...
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8-6-149
Section 8-6-149 Terms and conditions of registration. (a) A registering entity offering to
accept registrations in beneficiary form may establish the terms and conditions under which
it will receive requests (1) for registrations in beneficiary form, and (2) for implementation
of registrations in beneficiary form, including requests for cancellation or previously registered
TOD beneficiary designations and requests for reregistrations to effect a change of beneficiary.
The terms and conditions so established may provide for proving death, avoiding or resolving
any problems concerning fractional shares, designating primary and contingent beneficiaries,
and substituting a named beneficiary's descendants to take in the place of the named beneficiary
in the event of the beneficiary's death. Substitution may be indicated by appending to the
name of the primary beneficiary the letters LDPS, standing for "lineal descendants per
stirpes." This designation substitutes a deceased beneficiary's...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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8-6-143
Section 8-6-143 Registration - Designation of a beneficiary. A security, whether evidenced
by certificate or account, is registered in beneficiary form when the registration includes
a designation of a beneficiary to take the ownership at the death of the owner or the deaths
of all multiple owners. (Acts 1997, No. 97-703, p. 1451, §4.)...
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5-24-12
Section 5-24-12 Rights at death. (a) Except as otherwise provided in this chapter, on death
of a party sums on deposit in a multiple-party account belong to the surviving party or parties.
If two or more parties survive and one is the surviving spouse of the decedent, the amount
to which the decedent, immediately before death, was beneficially entitled under Section 5-24-11
belongs to the surviving spouse. If two or more parties survive and none is the surviving
spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially
entitled under Section 5-24-11 belongs to the surviving parties in equal shares, and augments
the proportion to which each survivor, immediately before the decedent's death, was beneficially
entitled under Section 5-24-11, and the right of survivorship continues between the surviving
parties. (b) In an account with a POD designation: (1) On death of one of two or more parties,
the rights in sums on deposit are governed by...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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35-12-71
Section 35-12-71 Definitions. As used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) APPARENT OWNER. A person whose name appears on the records of a holder as the person entitled
to property held, issued, or owing by the holder. (2) BUSINESS ASSOCIATION. A corporation,
joint stock company, investment company, partnership, unincorporated association, joint venture,
limited liability company, business trust, trust company, safe deposit company, financial
organization, insurance company, mutual fund, utility, or other business entity consisting
of one or more persons, whether or not for profit. (3) DOMICILE. The state of incorporation
of a corporation and the state of the principal place of business of a holder other than a
corporation. (4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan
association, industrial loan organization, credit union, cooperative bank,...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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40-18-14
Section 40-18-14 Adjusted gross income of individuals. The term "gross income" as
used herein: (1) Includes gains, profits and income derived from salaries, wages, or compensation
for personal services of whatever kind, or in whatever form paid, including the salaries,
income, fees, and other compensation of state, county, and municipal officers and employees,
or from professions, vocations, trades, business, commerce or sales, or dealings in property
whether real or personal, growing out of ownership or use of or interest in such property;
also from interest, royalties, rents, dividends, securities, or transactions of any business
carried on for gain or profit and the income derived from any source whatever, including any
income not exempted under this chapter and against which income there is no provision for
a tax. The term "gross income" as used herein also includes alimony and separate
maintenance payments to the extent they are includable in gross income for federal income
tax...
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8-6-141
Section 8-6-141 Registration - Beneficiary form. Only individuals whose registration of a security
shows sole ownership by one individual or multiple ownership by two or more with right of
survivorship, rather than as tenants in common, may obtain registration in beneficiary form.
Multiple owners of a security registered in beneficiary form hold as joint tenants with right
of survivorship, as tenants by the entireties, or as owners of community property held in
survivorship form, and not as tenants in common. (Acts 1997, No. 97-703, p. 1451, §2.)...
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