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Home » US Law » 2022 West Virginia Code » Chapter 31. Corporations » Article 4D. Uniform Act for Simplification of Fiduciary Security Transfers

§31-4D-1. Definitions

In this article, unless the context otherwise requires: (a) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. (b) "Claim of beneficial interest" includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, […]

§31-4D-11. Short Title

This article may be cited as the Uniform Act for Simplification of Fiduciary Security Transfers.

§31-4D-2. Registration in Name of Fiduciary

A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the […]

§31-4D-3. Transfer Pursuant to Assignment by Fiduciary

Except as otherwise provided in this article, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary: (a) May assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of […]

§31-4D-4. Obtaining Evidence of Appointment or Incumbency of Fiduciary

A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (a) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that […]

§31-4D-5. Adverse Claims

(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner […]

§31-4D-7. Nonliability of Third Persons

(a) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it […]

§31-4D-9. Tax Obligations

This article shall not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this state.