2017 Mississippi Code
Title 91 - Trusts and Estates
Chapter 20 - Transfers to Minors
§ 91-20-19. Creation and transfer of custodial property

Universal Citation: MS Code § 91-20-19 (2017)
  • (1) Custodial property is created and a transfer is made whenever:
    • (a) An uncertificated security or a certificated security in registered form is either:
      • (i) 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 Mississippi Uniform Transfers to

        Minors Act"; or

      • (ii) 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 (2);

    • (b) 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 Mississippi Uniform Transfers to

      Minors Act";

    • (c) The ownership of a life or endowment insurance policy or annuity

      contract is either:

      • (i) 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 Mississippi

        Uniform Transfers to Minors Act"; or

      • (ii) 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

        Mississippi Uniform Transfers to Minors Act";

    • (d) 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 Mississippi Uniform Transfers

      to Minors Act";

    • (e) 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

      Mississippi Uniform Transfers to Minors Act";

    • (f) 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:

      • (i) 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 Mississippi Uniform Transfers to

        Minors Act"; or

      • (ii) 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 Mississippi Uniform Transfers to

        Minors Act"; or

    • (g) 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).

    • (2) An instrument in the following form satisfies the requirements of

      paragraph (a)(ii) and (g) of subsection (1):

      "TRANSFER UNDER THE MISSISSIPPI 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 the Mississippi 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 as custodian for the minor named above under the Mississippi Uniform

      Transfers to Minors Act.

      Dated: ____

      ____

      (Signature of Custodian)"

    • (3) A transferor shall place the custodian in control of the custodial property as soon as practicable.
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