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§ 23-32-501. Definitions

In this subchapter: (1) “Account” means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account; (2) “Agent” means a person authorized to make account transactions for a party; (3) “Beneficiary” means a person named as one to whom sums on […]

§ 23-32-502. Scope of subchapter

(a) This subchapter applies to accounts in this state. (b) This subchapter does not apply to: (1) An account established for a partnership, joint venture, or other organization for a business purpose; (2) An account controlled by one (1) or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or […]

§ 23-32-503. Forms

A contract of deposit that substantially contains the following form establishes an agency account, and the account is governed by the provisions of this subchapter applicable to agency accounts: AGENCY (POWER OF ATTORNEY) DESIGNATION Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries. [To […]

§ 23-32-504. Designation of agent

(a) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’s authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated. (b) Death of the sole party or […]

§ 23-32-505. Payment to designated agent

On request of an agent under an agency designation for an account, a financial institution may, unless it actually knows that the authority of agency has terminated, pay to the agent sums on deposit in the account.

§ 23-32-506. Payment to minor

If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to the Uniform Transfers to Minors Act, § 9-26-201 et seq.

§ 23-32-507. Discharge

(a) (1) Payment made pursuant to this subchapter in accordance with an agency of account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. (2) Payment may be made whether or not […]

§ 23-32-508. Setoff

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to setoff against the agency account. The amount of the agency account subject to setoff is the proportion to which the party is, or […]