<?xml version="1.0" encoding="ISO-8859-1"?><section number="75-6-101"><histories><history>Amended by Chapter <modchap sess="2004GS">92</modchap>, 2004 General Session</history><modyear>2004</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="75-6-101(1)">
"Account" means a contract of deposit of funds between a depositor and a financial institution and includes:
<subsection number="75-6-101(1)(a)">
a checking account;</subsection><subsection number="75-6-101(1)(b)">
a savings account;</subsection><subsection number="75-6-101(1)(c)">
a certificate of deposit;</subsection><subsection number="75-6-101(1)(d)">
a share account; and</subsection><subsection number="75-6-101(1)(e)">
other like arrangement.</subsection></subsection><subsection number="75-6-101(2)">
"Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee.</subsection><subsection number="75-6-101(3)">
"Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation:
<subsection number="75-6-101(3)(a)">
banks;</subsection><subsection number="75-6-101(3)(b)">
trust companies;</subsection><subsection number="75-6-101(3)(c)">
industrial banks;</subsection><subsection number="75-6-101(3)(d)">
savings banks;</subsection><subsection number="75-6-101(3)(e)">
building and loan associations;</subsection><subsection number="75-6-101(3)(f)">
savings and loan companies or associations; and</subsection><subsection number="75-6-101(3)(g)">
credit unions.</subsection></subsection><subsection number="75-6-101(4)">
"Joint account" means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.</subsection><subsection number="75-6-101(5)"><subsection number="75-6-101(5)(a)">
"Multiple-party account" means any of the following types of account:<subsection number="75-6-101(5)(a)(i)">
a joint account;</subsection><subsection number="75-6-101(5)(a)(ii)">
a P.O.D. account; or</subsection><subsection number="75-6-101(5)(a)(iii)">
a trust account.</subsection></subsection><subsection number="75-6-101(5)(b)">
"Multiple-party account" does not include:<subsection number="75-6-101(5)(b)(i)">
accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes; or</subsection><subsection number="75-6-101(5)(b)(ii)">
accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.</subsection></subsection></subsection><subsection number="75-6-101(6)"><subsection number="75-6-101(6)(a)">
"Net contribution" of a party to a joint account as of any given time is the sum of all deposits to it made by or for the party, less all withdrawals made by or for the party which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance.</subsection><subsection number="75-6-101(6)(b)">
"Net contribution" includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.</subsection></subsection><subsection number="75-6-101(7)"><subsection number="75-6-101(7)(a)">
"Party" means a person, including a minor, who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account.</subsection><subsection number="75-6-101(7)(b)">
A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee and includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. </subsection><subsection number="75-6-101(7)(c)">
"Party" includes a person identified as a trustee of an account for another whether or not a beneficiary is named.</subsection><subsection number="75-6-101(7)(d)">
"Party" does not include any named beneficiary unless the named beneficiary has a present right of withdrawal.</subsection></subsection><subsection number="75-6-101(8)">
"Payment" of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.</subsection><subsection number="75-6-101(9)">
"Proof of death" includes a death certificate or record or report which is prima facie proof of death under Section <xref depth="3" refid="C75-1-S107_1800010118000101" refnumber="75-1-107" start="0">75-1-107</xref>.</subsection><subsection number="75-6-101(10)">
"P.O.D. account" means an account payable on request to one person during lifetime and on that person's death to:
<subsection number="75-6-101(10)(a)">
one or more P.O.D. payees; or</subsection><subsection number="75-6-101(10)(b)">
one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees.</subsection></subsection><subsection number="75-6-101(11)">
"P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons.</subsection><subsection number="75-6-101(12)">
"Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.</subsection><subsection number="75-6-101(13)">
"Sums on deposit" means the balance payable on a multiple-party account, including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party.</subsection><subsection number="75-6-101(14)"><subsection number="75-6-101(14)(a)">
"Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; and it is not essential that payment to the beneficiary be mentioned in the deposit agreement.</subsection><subsection number="75-6-101(14)(b)">
A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary account arising from a fiduciary relation such as attorney-client.</subsection></subsection><subsection number="75-6-101(15)">
"Withdrawal" includes payment to a third person pursuant to check or other directive of a party.</subsection></section>
