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Custodial account

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117:, there is a possibility of construing the collection of brokerage accounts in the intermediated custodial holding chain as a collection of directed agency nominee trusts. According to this legal theory, each securities position with respect to a particular class of securities which appears in the brokerage firm's omnibus securities account is a trust fund for the benefit of customers sharing participation in that position. To exactly what extent the operation of such a theory would be restricted by Article 8 and the 77:
account owned by an individual or institution, managed by a named party for purposes of rapid distribution of funds in that account. This is commonly used for petty cash, or for transactions that have very limited and clearly defined payees and transaction types. For example, law firm accounting
110:(IRA), a brokerage firm distinguishes its custodial account IRAs from trust IRAs when seeking IRS tax approval for an IRA plan which is part of a brokerage account agreement. The treatment of a brokerage account based IRA as a trust for tax purposes is largely a legal fiction. 90:
provides for the possibility of bank accounts, brokerage accounts, and other property to be held in a custodial capacity under the Act so that the custodian has the right to control the property but that legal title is deemed to be in the minor for many purposes.
128:, being a directed agent of the beneficiaries, cannot even bind the trust estate to a debt in a capacity that is sufficiently separate from the capacity of the beneficiaries to contract the same debt themselves. For this reason, the 140:, principles of common law operate with greater freedom in relation securities custody. A securities intermediary is naturally characterized as a trustee for the benefit of clients holding interests in those securities. 132:
is not a debtor-person for bankruptcy purposes and therefore cannot obtain bankruptcy protection like it were a corporation. This is one reason why nominee trusts are not considered to be actual trusts by some lawyers.
121:
in future litigation is not obvious, and is perhaps irrelevant as a practical matter because of the level of detail in the legislation mentioned.
118: 194: 87: 107: 103:
create a legal relation known as "custodianship", which is distinguished from the traditional concept of a trust.
227: 78:
includes trust accounts for disbursing funds entrusted to the law firm by each client for the client's benefit.
100: 69:. The custodian is often the minor's parent. In the U.S., this type of account is often structured as a 47: 164: 159: 43: 113:
If Article 8 is set aside and the brokerage account is considered purely under principles of
208:
Interests in Securities: A Proprietary Law Analysis of the International Securities Markets
66: 154: 137: 51: 183: 221: 129: 125: 70: 73:, allowing for tax-advantaged treatment of educational expenses. Another form is a 35: 62: 61:
Custodial accounts come in a number of forms, one being an account set up for a
114: 39: 17: 149: 74: 55: 99:
In the United States Brokerage account agreements under Article 8 of the
27:
Financial account managed by a legal guardian for a beneficiary
50:, and administered by a responsible person, known as a 195:
113 B.R. 110 (1990). In Re Village Green Realty Trust
8: 184:Definition of Custodial Account from USLegal 210:. Oxford University Press. p. 229. 176: 65:, since the minor is under the legal 7: 106:For example, in the context of the 119:Securities Investor Protection Act 34:is a financial account (such as a 25: 88:Uniform Transfers to Minors Act 58:obligation to the beneficiary. 46:) set up for the benefit of a 1: 108:Individual Retirement Account 244: 86:In the United States, the 95:Securities custodianship 54:or custodian, who has a 101:Uniform Commercial Code 206:Benjamin, Joanna. 165:Securities account 160:Segregated account 124:The trustee of a 44:brokerage account 32:custodial account 16:(Redirected from 235: 228:Personal finance 212: 211: 203: 197: 192: 186: 181: 21: 243: 242: 238: 237: 236: 234: 233: 232: 218: 217: 216: 215: 205: 204: 200: 193: 189: 182: 178: 173: 146: 97: 84: 67:age of majority 28: 23: 22: 15: 12: 11: 5: 241: 239: 231: 230: 220: 219: 214: 213: 198: 187: 175: 174: 172: 169: 168: 167: 162: 157: 155:Custodian bank 152: 145: 142: 138:United Kingdom 96: 93: 83: 80: 52:legal guardian 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 240: 229: 226: 225: 223: 209: 202: 199: 196: 191: 188: 185: 180: 177: 170: 166: 163: 161: 158: 156: 153: 151: 148: 147: 143: 141: 139: 134: 131: 130:nominee trust 127: 126:nominee trust 122: 120: 116: 111: 109: 104: 102: 94: 92: 89: 81: 79: 76: 72: 71:Coverdell ESA 68: 64: 59: 57: 53: 49: 45: 41: 37: 33: 19: 18:Trust account 207: 201: 190: 179: 135: 123: 112: 105: 98: 85: 60: 36:bank account 31: 29: 48:beneficiary 171:References 115:common law 40:trust fund 150:Trust law 56:fiduciary 222:Category 144:See also 136:In the 82:Minors 75:trust 63:minor 42:or a 38:, a 224:: 30:A 20:)

Index

Trust account
bank account
trust fund
brokerage account
beneficiary
legal guardian
fiduciary
minor
age of majority
Coverdell ESA
trust
Uniform Transfers to Minors Act
Uniform Commercial Code
Individual Retirement Account
common law
Securities Investor Protection Act
nominee trust
nominee trust
United Kingdom
Trust law
Custodian bank
Segregated account
Securities account
Definition of Custodial Account from USLegal
113 B.R. 110 (1990). In Re Village Green Realty Trust
Category
Personal finance

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