(a) Custodial property is created and a transfer is made whenever:
(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 Alabama 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 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 Alabama 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 Alabama 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 Alabama 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 Alabama Uniform Transfers to Minors Act";
(5) An interest in real property is conveyed 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 Alabama 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 Alabama 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 Alabama Uniform Transfers to Minors Act"; or
(7) An interest in any property not described in paragraphs (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).
(b) An instrument substantially in the following form satisfies the requirements of paragraph (1)(b) and subdivision (7) of subsection (a):
"TRANSFER UNDER THE ALABAMA 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 Alabama 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 a custodian for the minor named above under the Alabama 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.
Structure Code of Alabama
Chapter 5A - Uniform Transfers to Minors Act.
Section 35-5A-1 - Short Title.
Section 35-5A-2 - Definitions.
Section 35-5A-4 - Nomination of Custodian.
Section 35-5A-5 - Transfer by Gift or Exercise of Power of Appointment.
Section 35-5A-6 - Transfer by Will or Trust.
Section 35-5A-7 - Other Transfer by Fiduciary.
Section 35-5A-8 - Transfer by Obligor.
Section 35-5A-9 - Receipt and Discharge for Transfer of Custodial Property.
Section 35-5A-11 - Transfer to Be for One Minor; Only One Custodian; Single Custodianship.
Section 35-5A-13 - Powers and Duties of Custodian as to Custodial Property Generally.
Section 35-5A-14 - Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property.
Section 35-5A-15 - Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor.
Section 35-5A-16 - Custodian's Expenses, Compensation, and Bond.
Section 35-5A-17 - Exemption of Third Person From Liability for Good Faith Dealings With Custodian.
Section 35-5A-18 - Claims Against Custodial Property; Personal Liability of Custodian and Minor.
Section 35-5A-20 - Accounting by and Determining of Liability of Custodian.
Section 35-5A-22 - Applicability of Chapter.
Section 35-5A-24 - Uniformity of Application and Construction.