Section 13.60.170. Methods and forms for creating custodial trusts.  


Latest version.
  •    (a) If a transaction, including a declaration with respect to specific property or a transfer of specific property, otherwise satisfies applicable law, the criteria of AS 13.60.010 are satisfied by
            (1) the execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:

    TRANSFER UNDER THE ALASKA UNIFORM CUSTODIAL TRUST ACT
    I, __________________ (name of transferor or name and representative capacity if a
    fiduciary), transfer to _________________ (name of trustee other than transferor), as
    custodial trustee for __________________ (name of beneficiary) as beneficiary and _________________________ as distributee on termination of the trust in absence of direction by the
    beneficiary under the Alaska Uniform Custodial Trust Act, the
    following: (insert a description of the custodial trust property
    legally sufficient to identify and transfer each item of property).
    Dated: _____________________________________________
    ____________________________________________________
    (Signature); or
    (2) the execution and the recording or giving notice of its
    execution to the beneficiary of an instrument in substantially the
    following form:

    DECLARATION OF TRUST UNDER THE ALASKA UNIFORM
    CUSTODIAL TRUST ACT
    I, __________________ (name of owner of property), declare that from this date I hold
    as custodial trustee for ____________________ (name of beneficiary other than transferor)
    as beneficiary and _______________________ as distributee on termination of the trust in
    absence of direction by the beneficiary under the Alaska Uniform
    Custodial Trust Act, the following: (insert a description of the
    custodial trust property legally sufficient to identify and transfer
    each item of property).
    Dated: _______________________________________________
    ______________________________________________________
    (Signature).
    (b) Either form identified under (a) of this section may be
    modified by the transferor of the property to include, for example, the
    designation of an alternate or successor trustee or the recipient of
    the custodial property upon termination of the trust.
    (c) Customary methods of transferring or evidencing ownership
    of property may be used to create a custodial trust, including the
    following:
    (1) registration of a security in the name of a trust company, an
    adult other than the transferor, or the transferor if the beneficiary
    is other than the transferor, designated in substance 'as custodial
    trustee for ___________________ (name of beneficiary) under the Alaska Uniform Custodial
    Trust Act';
    (2) delivery of a certificated security, or a document necessary for
    the transfer of an uncertificated security, together with any necessary
    endorsement, to an adult other than the transferor or to a trust
    company as custodial trustee, accompanied by an instrument in
    substantially the form set out in (a)(1) of this section;
    (3) payment of money or transfer of a security held in the name of a
    broker or a financial institution or its nominee to a broker or
    financial institution for credit to an account in the name of a trust
    company, an adult other than the transferor, or the transferor if the
    beneficiary is other than the transferor, designated in substance 'as
    custodial trustee for _______________________ (name of beneficiary) under the Alaska Uniform
    Custodial Trust Act';
    (4) registration of ownership of a life or endowment insurance
    policy or annuity contract with the issuer in the name of a trust
    company, an adult other than the transferor, or the transferor if the
    beneficiary is other than the transferor, designated in substance 'as
    custodial trustee for __________________ (name of beneficiary) under the Alaska Uniform
    Custodial Trust Act';
    (5) delivery of a written assignment to an adult other than the
    transferor or to a trust company whose name in the assignment is
    designated in substance by the words 'as custodial trustee for _____________________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act';
    (6) irrevocable exercise of a power of appointment, under its terms,
    in favor of a trust company, an adult other than the donee of the
    power, or the donee who holds the power if the beneficiary is other
    than the donee, whose name in the appointment is designated in
    substance 'as custodial trustee for ____________________ (name of beneficiary) under the
    Alaska Uniform Custodial Trust Act';
    (7) delivery of a written notification or assignment of a right to
    future payment under a contract to an obligor that transfers the right
    under the contract to a trust company, an adult other than the
    transferor, or the transferor if the beneficiary is other than the
    transferor, whose name in the notification or assignment is designated
    in substance 'as custodial trustee for ____________________ (name of beneficiary) under the
    Alaska Uniform Custodial Trust Act';
    (8) execution, delivery, and recordation of a conveyance of an
    interest in real property in the name of a trust company, an adult
    other than the transferor, or the transferor if the beneficiary is
    other than the transferor, designated in substance 'as custodial
    trustee for ____________________ (name of beneficiary) under the Alaska Uniform Custodial
    Trust Act';
    (9) issuance of a certificate of title by an agency of a state or of
    the United States that evidences title to tangible personal property
    (A) issued in the name of a trust company, an adult other than the
    transferor, or the transferor if the beneficiary is other than the
    transferor, designated in substance 'as custodial trustee for ______________________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act'; or
    (B) delivered to a trust company or an adult other than the
    transferor or endorsed by the transferor to that person, designated in
    substance 'as custodial trustee for ____________________ (name of beneficiary) under the
    Alaska Uniform Custodial Trust Act'; or
    (10) execution and delivery of an instrument of gift to a trust
    company or an adult other than the transferor, designated in substance
    'as custodial trustee for __________________ (name of beneficiary) under the Alaska
    Uniform Custodial Trust Act.'

Notes


History

(Sec. 1 ch 10 SLA 1994)