2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 43. Uniform Act for Simplification of Fiduciary Security Transfers
§ 4305 Adverse claims.

Universal Citation: 12 DE Code § 4305 (2019)

(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in this chapter relieves making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection (b) of this section.

(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by the claimant. If the corporation or transfer agent so mails such a notice, it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.

12 Del. C. 1953, § 4305; 54 Del. Laws, c. 141; 70 Del Laws, c. 186, § 1.

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