Kansas Statutes 38-1710. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
(a) Custodial property is created and a transfer is made whenever:
(1) An uncertificated security or a certificated security in registered form is either:
Terms Used In Kansas Statutes 38-1710
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(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 Kansas 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 (b);
(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 Kansas uniform transfers to minors act”;
(3) 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 Kansas 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 Kansas 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 Kansas 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 Kansas 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:
(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 Kansas 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 Kansas transfers to minors act”; or
(7) 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).
(b) An instrument in the following form satisfies the requirements of paragraphs (1)(ii) and (7) of subsection (a):
“TRANSFER UNDER THE [NAME OF
ENACTING STATE] 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 [Name of enacting state] uniform transfers to minors act,
the following: (insert a description of the custodial property
sufficient to identify it).
Dated: ___________
_________________________ (Signature)
__________________ (name of custodian) acknowledges re-
ceipt of the property described above as custodian for the mi-
nor named above under the[Name of enacting state] uniform
transfers to minors act.
Dated:____________________
__________________” (Signature of Custodian)
(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.