Any bank, including a national bank, may accept accounts in the name of any administrator, executor, guardian, trustee or other fiduciary in trust for a named beneficiary or beneficiaries including the authority to exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91. Any such fiduciary shall have the power to make payments upon and to withdraw any such account, in whole or in part. The withdrawal value of any such account or other rights relating thereto may be paid or delivered, in whole or in part, to such fiduciary, without regard to any notice to the contrary, as long as such fiduciary is living. The payment or delivery to any such fiduciary or a receipt of acquittance signed by any such fiduciary to whom any such payment or any such delivery of rights is made shall be valid and sufficient release and discharge of any bank for the payment or delivery so made. Whenever a person holding an account in a fiduciary capacity dies, and no written notice of the revocation or termination of the trust relationship has been given to a bank and the bank has no notice of any other disposition of the trust estate, the withdrawal value of such account or other rights relating thereto may, at the option of a bank, be paid or delivered, in whole or in part, to the beneficiary or beneficiaries of such trust. Whenever an account shall be opened by any person describing himself in opening such account as trustee for another, and there is no other or further notice of the existence and terms of a legal and valid trust, then such description shall be given in writing to such bank. In the event of the death of the person so described as trustee, the withdrawal value of such account or any part thereof may be paid to the person for whom the account was thus stated to have been opened, and such account and all additions thereto shall be the property of such person, unless prior to payment the trust agreement is presented to the bank showing a contrary interest. When made in accord with this section, the payment or delivery to any such beneficiary, beneficiaries or designated person, or a receipt or acquittance signed by any such beneficiary, beneficiaries or designated person for any such payment or delivery, shall be valid and sufficient release and discharge of a bank for the payment or delivery so made. Trust accounts permitted by this section shall not be required to be acknowledged and recorded. When an account is opened in a form described in this section, the right set forth in Section 81-5-62 shall apply. No bank paying any beneficiary in accordance with the provisions of this section shall thereby be liable for any estate, inheritance or succession taxes which may be due this state. The term "accounts" or "account" as used in this section shall include, but not be limited to, any form of deposit or account, such as a savings account, checking account, time deposit, demand deposit or certificate of deposit, whether negotiable, nonnegotiable or otherwise.
Structure Mississippi Code
Title 81 - Banks and Financial Institutions
Chapter 5 - General Provisions Relating to Banks and Banking
§ 81-5-2. Private corporation laws; application to state banks
§ 81-5-3. Bank not to permit use of its name
§ 81-5-5. Local and regional banks for farm loans authorized
§ 81-5-7. Preservation of old records
§ 81-5-9. Banks shall become members of the Federal Deposit Insurance Corporation
§ 81-5-11. State banks may become members of Federal Reserve Bank
§ 81-5-13. Federal Reserve Act requirements must be observed
§ 81-5-15. Officers and employees of banks to furnish fidelity bond; insurance
§ 81-5-17. Bank stock; transfer and use as collateral
§ 81-5-19. Stock; record of transfer of to be kept
§ 81-5-21. Stock of other banks not to be owned
§ 81-5-23. Preferred stock; issuance authorized
§ 81-5-25. Investments in stock of small business investment companies
§ 81-5-27. Liability of stockholders
§ 81-5-29. Corporations may be formed to purchase, hold and own bank assets
§ 81-5-31. Voting trusts prohibited
§ 81-5-33. Powers in regard to trusts
§ 81-5-34. Accounts of administrators, executors, guardians, trustees, and other fiduciaries
§ 81-5-39. Banks may register securities held in fiduciary capacity in name of bank's nominee
§ 81-5-41. Foreign investors may engage in certain activities without qualifying
§ 81-5-45. Qualification and oath of directors; meetings; executive and auditing committee
§ 81-5-47. Directors may contract to sell stock while continuing to serve
§ 81-5-49. Interlocking directorates prohibited
§ 81-5-51. Loans to directors and executive officers
§ 81-5-53. Limitation of liability when dealing with agents, trustees, etc.
§ 81-5-56. Month and year checking account opened to be printed on face of checks
§ 81-5-57. Excess deposits; limit and penalty
§ 81-5-61. Safe deposit boxes; leasing to minors
§ 81-5-62. Accounts payable at death
§ 81-5-65. Accounts of deceased depositors to be reported; publicity of same
§ 81-5-67. Settlement of adverse claims to deposits
§ 81-5-75. Authorization for payment of dividend
§ 81-5-77. Limit of loans and extensions of credit to single borrower
§ 81-5-81. Effect of third-party deposits to induce making of unsound loans
§ 81-5-83. Limit of borrowing power of banks
§ 81-5-87. Holding of real estate by bank
§ 81-5-89. Limitations upon acceptances
§ 81-5-93. Clearinghouse associations authorized
§ 81-5-95. Powers of clearinghouse associations
§ 81-5-98. Drive-in teller windows and branch offices considered to be branch banks