Title 44, Chapter 5, Section 119
( 44-5-119)
(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in
registered form is either: (A) 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 Georgia Transfers to Minors Act'"; or (B) Delivered if in certificated form, or any document necessary
for the transfer of an uncertificated security is delivered,
together with any necessary endorsement to an adult other than
the transferor or to a trust company as custodian, accompanied
by an instrument in substantially the form set forth in
subsection (b) of this Code section; (2) Money is paid or delivered to a broker or financial
institution for credit to an account 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 Georgia Transfers
to Minors Act'"; (3) The ownership of a life or endowment insurance policy or
annuity contract is either: (A) Registered with the issuer 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 Georgia Transfers to Minors Act'"; or (B) Assigned in a writing delivered to an adult other than the
transferor or to a trust company whose name in the assignment is
followed in substance by the words: "as custodian for
____________________ (name of minor) under 'The Georgia
Transfers to Minors Act'"; (4) An irrevocable exercise of a power of appointment or an
irrevocable present right to future payment under a contract is
the subject of a written notification delivered to the payor,
issuer, or other obligor that the right is transferred to the
transferor, an adult other than the transferor, or a trust
company, whose name in the notification is followed in substance
by the words: "as custodian for ____________________ (name of
minor) under 'The Georgia Transfers to Minors Act'"; (5) An interest in real property is recorded 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 Georgia Transfers
to Minors Act'"; (6) A certificate of title issued by a department or agency of a
state or of the United States which evidences title to tangible
personal property is either: (A) Issued 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 Georgia Transfers to Minors Act'"; or (B) Delivered to an adult other than the transferor or to a
trust company, endorsed to that person, followed in substance by
the words: "as custodian for ____________________ (name of
minor) under 'The Georgia Transfers to Minors Act'"; (7) An interest in any property not described in paragraphs (1)
through (6) of this subsection is transferred to an adult other
than the transferor or to a trust company by a written instrument
in substantially the form set forth in subsection (b) of this Code
section. (b) An instrument in the following form satisfies the requirements
of subparagraph (B) of paragraph (1) and paragraph (7) of subsection
(a) of this Code section: "TRANSFER UNDER THE GEORGIA
TRANSFERS TO MINORS ACT I, _______________________ (name of transferor or name and
representative capacity if a fiduciary) transfer to
_______________________ (name of custodian), as custodian for
_______________________ (name of minor) under 'The Georgia
Transfers to Minors Act,' the following: (insert a description of
the custodial property sufficient to identify it). Dated: ____________________ ____________________
(Signature) ____________________ (name of custodian) acknowledges receipt of
the property described above as custodian for the minor named
above under 'The Georgia Transfers to Minors Act.' Dated: ________________________ ________________________
(Signature of Custodian)" (c) A transferor shall place the custodian in control of the
custodial property as soon as practicable. |