Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT
California Probate Code — §§ 5500-5512
Sections (13)
Amended by Stats. 2002, Ch. 809, Sec. 3. Effective January 1, 2003.
For purposes of this part:
(A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, 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.
(B) An investment management or custody account with a trust company or a trust department of a bank with trust powers, including the securities in the account, the cash balance in the account, and cash equivalents, and interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death.
(C) 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.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals 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 survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
Nothing in this part alters the community character of community property or community rights in community property. This part is subject to Chapter 2 (commencing with Section 5010) of Part 1 of Division 5.
Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.
This part applies to registrations of securities in beneficiary form made before, on, or after January 1, 1999, by decedents dying on or after January 1, 1999.