15 Guam Code Ann. § 852
Terms Used In 15 Guam Code Ann. § 852
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
(a) Beneficiary form means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner.
(b) Devisee means a person designated in a will to receive a disposition of property.
(c) Heirs means those persons, including the surviving spouse, who are entitled to the property of a decedent.
(d) Person means an individual, corporation, organization and any other legal entity.
(e) POD means ‘pay on death.’
(f) Register, including its derivatives, means to issue a certificate showing the ownership of a certified security or, in the case of an uncertified security, to initiate or transfer an account showing ownership of securities.
(g) Registering entity means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 8 SUCCESSION & SECURITIES TRANSFER
(h) Security means a share, participation or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account.
(i) Security account means:
(1) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; or
(2) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
(j) State, when referring to a part of the United States, includes any state, district, commonwealth, territory and insular possession of the United States, and any area subject to the legislative authority of the United States of America.
2014 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, subsection designations were altered to adhere to the Compiler’s alpha-numeric scheme.
§ 853. Registration in Beneficiary Form; Sole or Joint Tenancy
Ownership.
Only individuals whose registration of a security shows sole ownership by one (1) individual or multiple ownership by two (2) or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivor- ship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.