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Home » US Law » 2022 Indiana Code » Title 30. Trusts and Fiduciaries » Article 2. General Provisions » Chapter 8.5. Indiana Uniform Transfers to Minors Act

30-2-8.5-28. Powers of Custodian

Sec. 28. (a) A custodian acting in a custodial capacity has all the rights, powers, and authority over custodial property that an unmarried adult owner has over the adult owner’s own property, but a custodian may exercise those rights, powers, and authority in a custodial capacity only. (b) This section does not relieve a custodian […]

30-2-8.5-29. Use of Custodial Property; Transfer of Property to Trust

Sec. 29. (a) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (1) the duty or ability of the custodian personally or of […]

30-2-8.5-3. “Broker” Defined

Sec. 3. As used in this chapter, “broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities, or both, for the person’s own account or for the account of others, or both. As added by P.L.267-1989, SEC.2.

30-2-8.5-30. Custodian’s Expenses, Compensation, and Bond

Sec. 30. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for a person who is a transferor under section 19 of this chapter, a custodian has an election during each calendar year to charge reasonable compensation for services performed during […]

30-2-8.5-31. Exemption of Third Person From Liability

Sec. 31. A person in good faith and without court order may act on the instructions of or otherwise deal with a person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) the validity of the purported […]

30-2-8.5-32. Liability to Third Person

Sec. 32. (a) A claim based on: (1) a contract entered into by a custodian acting in a custodial capacity; (2) an obligation arising from the ownership or control of custodial property, or both; or (3) a tort committed during the custodianship; may be asserted against the custodial property by proceeding against the custodian in […]

30-2-8.5-34. Accounting by and Determination of Liability of Custodian

Sec. 34. (a) A minor who is at least fourteen (14) years of age, the minor’s guardian or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for: (1) an accounting by the custodian or the custodian’s legal representative; or (2) a determination of […]

30-2-8.5-35. Termination of Custodianship

Sec. 35. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of: (1) the minor’s attaining twenty-one (21) years of age; or (2) the minor’s death. As added by P.L.267-1989, SEC.2.

30-2-8.5-36. Applicability

Sec. 36. This chapter applies to a transfer within the scope of section 17 of this chapter made after this chapter’s effective date: (1) if: (A) the transfer purports to have been made under the Indiana uniform gifts to minors act (IC 30-2-8); or (B) the instrument by which the transfer purports to have been […]

30-2-8.5-37. Effect on Existing Custodianships

Sec. 37. (a) A transfer of custodial property made before July 1, 1989, is validated even if there was no specific authority in the Indiana uniform gifts to minors act (IC 30-2-8) for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. […]

30-2-8.5-38. Uniformity of Application and Construction

Sec. 38. This chapter shall be applied and construed to effectuate a general purpose to make uniform the law with respect to the subject of this chapter among states enacting this chapter. As added by P.L.267-1989, SEC.2.

30-2-8.5-39. Severability

Sec. 39. The provisions of this chapter are severable in the manner provided by IC 1-1-1-8(b). As added by P.L.267-1989, SEC.2.

30-2-8.5-4. “Custodial Property” Defined

Sec. 4. As used in this chapter, “custodial property” means: (1) an interest in property transferred to a custodian under this chapter; and (2) the income from and proceeds of that interest in property. As added by P.L.267-1989, SEC.2.

30-2-8.5-40. Written Election Concerning Custodial Property

Sec. 40. (a) If a transferor: (1) has transferred property to a custodian for the benefit of a minor before July 1, 1989; and (2) has made or wishes to make further transfers of property to the same custodian for the benefit of the same minor after June 30, 1989; the transferor shall make a […]

30-2-8.5-5. “Custodian” Defined

Sec. 5. As used in this chapter, “custodian” means a person designated as a custodian under section 24 of this chapter or a successor or substitute custodian designated under section 33 of this chapter. As added by P.L.267-1989, SEC.2.

30-2-8.5-6. “Financial Institution” Defined

Sec. 6. As used in this chapter, “financial institution” means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law. As added by P.L.267-1989, SEC.2.

30-2-8.5-9. “Members of the Minor’s Family” Defined

Sec. 9. As used in this chapter, “member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. As added by P.L.267-1989, SEC.2.