US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 New Mexico Statutes » Chapter 46 - Fiduciaries and Trusts » Article 8 - Simplification of Fiduciary Security Transfers

Section 46-8-1 – Short (long) title.

Sections 1 through 10 [46-8-1 to 46-8-10 NMSA 1978] of this act may be cited as the “Uniform Act for Simplification of Fiduciary Security Transfers”. History: Laws 1991, ch. 177, § 1. ANNOTATIONS Cross references. — For fiduciary obligations and investments, see Chapter 46, Article 1 NMSA 1978. For trusts, see Chapter 46A NMSA 1978. […]

Section 46-8-10 – Tax obligations.

The Uniform Act for the Simplification of Fiduciary Transfers does 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. History: Laws 1991, ch. 177, § 10.

Section 46-8-2 – Definitions.

In the Uniform Act for Simplification of Fiduciary Security Transfers, 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, […]

Section 46-8-3 – Registration in the name of a 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 […]

Section 46-8-4 – Assignment by a fiduciary.

Except as otherwise provided in the Uniform Act for Simplification of Fiduciary Security Transfers, 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 […]

Section 46-8-5 – Evidence of appointment or incumbency.

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 […]

Section 46-8-6 – 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, […]

Section 46-8-8 – Non-liability 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 a breach unless it is […]

Section 46-8-9 – Territorial application.

A. The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized. B. The Uniform […]