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Section 13-301 – Estates and Trusts

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Adult” means an individual who has attained the age of 21 years.     (c)    “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.     (d)    “Conservator” means a person appointed or […]

Section 13-302 – Law Governing

    (a)    This subtitle applies to a transfer that refers to the Maryland Uniform Transfers to Minors Act in the designation under § 13–309(a) of this subtitle by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this State or the custodial property […]

Section 13-303 – Contingent Transfers

    (a)    A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for __________ (name of minor) […]

Section 13-305 – Irrevocable Transfer by Personal Representative or Trustee

    (a)    A personal representative or trustee may make an irrevocable transfer pursuant to § 13-309 of this subtitle to a custodian for the benefit of a minor as authorized in the governing will or trust.     (b)    If the testator or settlor has nominated a custodian under § 13-303 of this subtitle to receive the custodial property, the […]

Section 13-308 – Receipt and Discharge

    A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subtitle.

Section 13-309 – Creation of Custodial Property; When Transfer Made

    (a)    Custodial property is created and a transfer is made whenever:         (1)    An uncertificated security or a certificated security in registered form is either:             (i)    Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland […]

Section 13-310 – Nature of Custodianship

    (a)    Subject to subsection (c) of this section, a transfer may be made only for 1 minor, and only 1 person may be the custodian.     (b)    All custodial property held under this subtitle by the same custodian for the benefit of the same minor constitutes a single custodianship.     (c)    (1)    Notwithstanding any provision of this subtitle to the contrary, […]

Section 13-311 – Effect of Transfer

    (a)    The validity of a transfer made in a manner prescribed in this subtitle is not affected by:         (1)    Failure of the transferor to comply with § 13-309(c) of this subtitle concerning possession and control;         (2)    Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to […]

Section 13-312 – Duties and Powers of Custodian

    (a)    A custodian shall:         (1)    Take control of custodial property;         (2)    Register or record title to custodial property if appropriate; and         (3)    Collect, hold, manage, invest, and reinvest custodial property.     (b)    (1)    Except as provided in paragraph (2) of this subsection, in dealing with custodial property:             (i)    A custodian shall observe the standard of care that would be observed by a prudent […]

Section 13-313 – Rights of Custodian; Liability

    (a)    A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.     (b)    This section does not relieve a custodian from liability for breach of § 13-312 of […]

Section 13-314 – Delivery or Payment to Minor or for Minor’s Use and Benefit

    (a)    In this section, “disabled” has the meaning stated in 42 U.S.C. § 1382c(a)(3).     (b)    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 […]

Section 13-315 – Compensation of Custodian; Bond

    (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 one who is a transferor under § 13-304 of this subtitle, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.     (c)    Except as […]

Section 13-316 – Liability of Third Persons Dealing With Custodian

    A third person in good faith and without court order may act on the instructions of or otherwise deal with any 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 custodian’s designation; […]

Section 13-317 – Claims Against Custodial Property

    (a)    A claim based on any of the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable:         (1)    On a contract entered into by a custodian acting in a custodial capacity;         (2)    For an obligation arising from the ownership […]

Section 13-319 – Accounting

    (a)    A minor who has attained the age of 14 years, the minor’s guardian of the person 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 responsibility, as between […]

Section 13-320 – Transfer of Property to Minor

    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 attainment of 21 years of age with respect to custodial property transferred under § 13-304, § 13-305, or § 13-306 of this subtitle;         (2)    The minor’s attainment of age 18 with […]