54.92 Uniform securities ownership by minors act.
(1) Definitions. In this section, unless the context otherwise requires:
(a) “Bank" is a bank, trust company, national banking association, industrial bank or any banking institution incorporated under the laws of this state.
(b) “Broker" means a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his or her own account, through a broker or otherwise, as a part of a regular business.
(c) “Issuer" means a person who places or authorizes the placing of his or her name on a security, other than as a transfer agent, to evidence that it represents a share, participation or other interest in his or her property or in an enterprise or to evidence his or her duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
(d) “Person" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.
(e) “Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in “registered form" when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
(f) “Third party" is a person other than a bank, broker, transfer agent or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor.
(g) “Transfer agent" means a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.
(2) Security transactions involving minors; liability. A bank, broker, issuer, 3rd party, or transfer agent incurs no liability by reason of his or her treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, 3rd party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, 3rd party, or transfer agent had actual knowledge of the minority of the holder of the security. Except as otherwise provided in this section, such a bank, broker, issuer, 3rd party, or transfer agent may assume without inquiry that the holder of a security is not a minor.
(3) Acts of minors not subject to disaffirmance or avoidance. A minor, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, 3rd party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, 3rd party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, 3rd party, or transfer agent had actual knowledge of the minority of the holder.
(4) Construction. This section shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
(5) Interpretation. This section shall supersede any provision of law in conflict therewith.
(6) Title. This section may be cited as the “Uniform Securities Ownership by Minors Act".
History: 1971 c. 41 ss. 8, 12; Stats. 1971 s. 880.75; 1987 a. 191; 1991 a. 221; 1993 a. 486; 1999 a. 185; 2005 a. 253; 2005 a. 387 s. 551; Stats. 2005 s. 54.92.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 54 - Guardianships and conservatorships.
54.10 - Appointment of guardian.
54.12 - Exceptions to appointment of guardian.
54.15 - Selection of guardian; nominations; preferences; other criteria.
54.18 - General duties and powers of guardian; limitations; immunity.
54.19 - Duties of guardian of the estate.
54.20 - Powers of guardian of the estate.
54.21 - Petition to transfer ward's assets to another.
54.22 - Petition for authority to sell, mortgage, pledge, lease, or exchange ward's property.
54.25 - Duties and powers of guardian of the person.
54.26 - Guardian training requirements.
54.30 - Jurisdiction and venue.
54.34 - Petition for guardianship or for receipt and acceptance of a foreign guardianship.
54.36 - Examination of proposed ward.
54.40 - Guardian ad litem; appointment; duties; termination.
54.42 - Rights of proposed ward or ward.
54.46 - Disposition of petition.
54.47 - Lis pendens, void contracts.
54.48 - Protective placement and protective services.
54.50 - Temporary guardianships.
54.625 - Transfer of guardianship funds of a Menominee.
54.63 - Expansion of order of guardianship; procedure.
54.64 - Review of incompetency and termination of guardianship.
54.68 - Review of conduct of guardian.
54.72 - Guardian compensation and reimbursement.
54.74 - Compensation of guardian ad litem.
54.75 - Access to court records.
54.76 - Conservator; appointment; duties and powers; termination.
54.852 - United States uniform veterans guardianship act.
54.854 - Uniform transfers to minors act; definitions.
54.856 - Scope and jurisdiction.
54.858 - Nomination of custodian.
54.860 - Transfer by gift or exercise of power of appointment.
54.862 - Transfer authorized by will or trust.
54.864 - Other transfer by fiduciary.
54.868 - Receipt for custodial property.
54.872 - Single custodianship.
54.874 - Validity and effect of transfer.
54.876 - Care of custodial property.
54.880 - Use of custodial property.
54.882 - Custodian's expenses, compensation and bond.
54.884 - Exemption of 3rd person from liability.
54.886 - Liability to 3rd persons.
54.890 - Accounting by and determination of liability of custodian.
54.892 - Termination of custodianship.
54.896 - Effect on existing custodianships.
54.898 - Uniformity of application and construction.
54.92 - Uniform securities ownership by minors act.
54.93 - Securities ownership by incompetents and spendthrifts.
54.952 - Custodial trust; general.
54.954 - Custodial trustee for future payment or transfer.
54.956 - Form and effect of receipt and acceptance by custodial trustee, jurisdiction.
54.958 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.
54.960 - Multiple beneficiaries; separate custodial trusts; survivorship.
54.962 - General duties of custodial trustee.
54.964 - General powers of custodial trustee.
54.966 - Use of custodial trust property.
54.968 - Determination of incapacity; effect.
54.970 - Exemption of 3rd person from liability.
54.972 - Liability to 3rd person.
54.976 - Expenses, compensation and bond of custodial trustee.
54.980 - Limitations of action against custodial trustee.
54.982 - Distribution on termination.