55-10A-9. Manner of creating custodial property and effecting transfer.
Custodial property is created and a transfer is made if:
(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 South Dakota 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 §55-10A-10;
(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 South Dakota 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 South Dakota 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 South Dakota 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 South Dakota 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 South Dakota 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 South Dakota 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 South Dakota Uniform Transfers to Minors Act"; or
(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 §55-10A-10.
Source: SL 1986, ch 409, §9.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 10A - Uniform Transfers To Minors Act
Section 55-10A-1 - Definitions.
Section 55-10A-2 - Scope and jurisdiction.
Section 55-10A-3 - Nomination of custodian.
Section 55-10A-4 - Transfer by gift or exercise of power of appointment.
Section 55-10A-5 - Transfer authorized by will or trust.
Section 55-10A-6 - Other transfer by fiduciary.
Section 55-10A-7 - Transfer by obligor.
Section 55-10A-8 - Receipt for custodial property.
Section 55-10A-9 - Manner of creating custodial property and effecting transfer.
Section 55-10A-10 - Designation of initial custodian.
Section 55-10A-12 - Single custodianship.
Section 55-10A-13 - Validity and effect of transfer.
Section 55-10A-14 - Care of custodial property.
Section 55-10A-15 - Powers of custodian.
Section 55-10A-16 - Use of custodial property.
Section 55-10A-17 - Custodian's expenses, compensation, and bond.
Section 55-10A-18 - Exemption of third person from liability.
Section 55-10A-19 - Liability to third persons.
Section 55-10A-21 - Accounting by and determination of liability of custodian.
Section 55-10A-22 - Termination of custodianship.
Section 55-10A-23 - Applicability.
Section 55-10A-24 - Effect on existing custodianships.