Title 44, Chapter 5, Section 122
( 44-5-122)
(a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate;
and (3) Collect, hold, manage, invest, and reinvest custodial
property. (b) In dealing with custodial property, a custodian shall invest and
reinvest the custodial property as would prudent men of discretion
and intelligence who are seeking a reasonable income and the
preservation of their capital, without reference to the laws
relating to permissible investments by fiduciaries. If a custodian
has a special skill or expertise or is named custodian on the basis
of representations of a special skill or expertise, the custodian
shall use that skill or expertise. However, a custodian, in the
custodian's discretion and without liability to the minor or the
minor's estate, may retain any custodial property received from a
transferor without reference to the laws relating to permissible
investments by fiduciaries. (c) A custodian may invest in or pay premiums on life insurance or
endowment policies on: (1) The life of the minor only if the minor or the minor's estate
is the sole beneficiary; or (2) The life of another person in whom the minor has an insurable
interest only to the extent that the minor, the minor's estate, or
the custodian in the capacity of custodian is the irrevocable
beneficiary. (d) A custodian at all times shall keep custodial property separate
and distinct from all other property in a manner sufficient to
identify it clearly as custodial property of the minor. Custodial
property consisting of an undivided interest is so identified if the
minor's interest is held as a tenant in common and is fixed.
Custodial property subject to recordation is so identified if it is
recorded, and custodial property subject to registration is so
identified if it is either registered, or held in an account
designated, in the name of the custodian, followed in substance by
the words: "as a custodian for ___________________ (name of minor)
under 'The Georgia Transfers to Minors Act.'" (e) A custodian shall keep records of all transactions with respect
to custodial property, including information necessary for the
preparation of the minor's tax returns, and shall make them
available for inspection at reasonable intervals by a parent or
legal representative of the minor or by the minor if the minor has
attained the age of 14 years. |