US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 North Carolina General Statutes » Chapter 41 - Estates » Article 4 - The Uniform Transfer on Death (TOD) Security Registration Act.

§ 41-40 – Definitions.

41-40. Definitions. In this Article, unless the context otherwise requires: (1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) "Devisee" means any person […]

§ 41-41 – Registration in beneficiary form; sole or joint tenancy ownership.

41-41. Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary […]

§ 41-42 – Registration in beneficiary form; applicable law.

41-42. Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making […]

§ 41-43 – Origination of registration in beneficiary form.

41-43. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. (2005-411, s. 1.)

§ 41-44 – Form of registration in beneficiary form.

41-44. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner or owners and before the name of a beneficiary. (2005-411, s. 1.)

§ 41-45 – Effect of registration in beneficiary form.

41-45. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership of the security until the owner’s death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then-surviving owners, […]

§ 41-46 – Ownership on death of owner.

41-46. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, […]

§ 41-47 – Protection of registering entity.

41-47. Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this […]

§ 41-48 – Nontestamentary transfer on death.

41-48. Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Article and is not testamentary. (b) The interest of a deceased owner when there are one or more surviving […]

§ 41-49 – Terms, conditions, and forms for registration.

41-49. Terms, conditions, and forms for registration. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations […]

§ 41-50 – Short title; rules of construction.

41-50. Short title; rules of construction. (a) This Article shall be known as and may be cited as the "Uniform TOD Security Registration Act". (b) This Article shall be applied and construed to effectuate its general purposes and to make uniform the laws with respect to the subject of this Article among states enacting it. […]

§ 41-51 – Application of Article.

41-51. Application of Article. This Article applies to registrations of securities in beneficiary form made before, on, or after October 1, 2005, by decedents dying on or after October 1, 2005. (2005-411, s. 1.)