1     
UTAH EDUCATIONAL SAVINGS PLAN AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stewart Barlow

5     
Senate Sponsor: Stephen H. Urquhart

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Utah Uniform Probate Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the Utah Uniform Probate Code so that custodial property is created and a
13     transfer is made when contributions are made into a custodial account at the Utah
14     Educational Savings Plan; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          75-5a-110, as enacted by Laws of Utah 1990, Chapter 272
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 75-5a-110 is amended to read:
26          75-5a-110. Manner of creating custodial property and effecting transfer --
27     Designation of initial custodian -- Control.
28          (1) Custodial property is created and a transfer is made when:
29          (a) an uncertificated security or a certificated security in registered form is either:

30          (i) registered in the name of the transferor, an adult other than the transferor, or a trust
31     company, followed in substance by the words: "as custodian for ............... (name of minor)
32     under the Uniform Transfers to Minors Act"; or
33          (ii) delivered if in certificated form, or any document necessary for the transfer of an
34     uncertificated security is delivered, together with any necessary endorsement, to an adult other
35     than the transferor or to a trust company as custodian, accompanied by an instrument in
36     substantially the form in Subsection (2);
37          (b) money is paid or delivered, or a security held in the name of a broker, financial
38     institution, or its nominee is transferred to a broker, or financial institution for credit to an
39     account in the name of the transferor, an adult other than the transferor, or a trust company,
40     followed in substance by the words: "as custodian for ............... (name of minor) under the
41     Uniform Transfers to Minors Act";
42          (c) the ownership of a life or endowment insurance policy or annuity contract is either:
43          (i) registered with the issuer in the name of the transferor, an adult other than the
44     transferor, or a trust company, followed in substance by the words: "as custodian for ...............
45     (name of minor) under the Uniform Transfers to Minors Act"; or
46          (ii) assigned in a writing delivered to an adult other than the transferor or to a trust
47     company whose name in the assignment is followed in substance by the words: "as custodian
48     for ............... (name of minor) under the Uniform Transfers to Minors Act";
49          (d) an irrevocable exercise of a power of appointment or an irrevocable present right to
50     future payment under a contract is the subject of a written notification delivered to the payor,
51     issuer, or other obligor that the right is transferred to the transferor, an adult other than the
52     transferor, or a trust company, whose name in the notification is followed in substance by the
53     words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors
54     Act";
55          (e) an interest in real property is recorded in the name of the transferor, an adult other
56     than the transferor, or a trust company, followed in substance by the words: "as custodian for
57     ............... (name of minor) under the Uniform Transfers to Minors Act";

58          (f) a certificate of title issued by a department or agency of a state or of the United
59     States which evidences title to tangible personal property is either:
60          (i) issued in the name of the transferor, an adult other than the transferor, or a trust
61     company, followed in substance by the words: "as custodian for ............... (name of minor)
62     under the Uniform Transfers to Minors Act"; or
63          (ii) delivered to an adult other than the transferor or to a trust company, endorsed to
64     that person followed in substance by the words: "as custodian for ............... (name of minor)
65     under the Uniform Transfers to Minors Act"; [or]
66          (g) an interest in any property not described in Subsections (1)(a) through (f) is
67     transferred to an adult other than the transferor or to a trust company by a written instrument in
68     substantially the form set forth in Subsection (2)[.]; or
69          (h) contributions are made into a custodial account at the Utah Educational Savings
70     Plan in accordance with Title 53B, Chapter 8a, Utah Educational Savings Plan.
71          (2) An instrument in the following form satisfies the requirements of Subsections
72     (1)(a)(ii) and (1)(g): "Transfer Under the Uniform Transfers to Minors Act
73          I, ............... (name of transferor or name and representative capacity if a fiduciary)
74     hereby transfer to ............... (name of custodian), as custodian for ............... (name of minor)
75     under the Uniform Transfers to Minors Act, the following: (insert a description of the custodial
76     property sufficient to identify it).
77          Dated: ............................................................
78     
........................................................................

79                                        (Signature)
80          .................... (name of custodian) acknowledges receipt of the property described above
81     as custodian for the minor named above under the Uniform Transfers to Minors Act.
82          Dated: ..........................
83     
........................................................................

84                                        (Signature of Custodian)"
85          (3) A transferor shall place the custodian in control of the custodial property as soon as

86     practicable.
87          Section 2. Effective date.
88          If approved by two-thirds of all the members elected to each house, this bill takes effect
89     upon approval by the governor, or the day following the constitutional time limit of Utah
90     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
91     the date of veto override.