Title 53, Chapter 12, Section 300
( 53-12-300)
Whenever a bank or trust company is duly authorized to act and is
acting as a fiduciary, which term shall include an executor,
administrator, trustee, or guardian, and has a nominee or nominees
in whose name securities, including, without limitation, bonds,
stocks, notes, and other evidences of title to intangible personal
property, held as a fiduciary, may be registered, it shall be lawful
to register securities in the name of the nominee or nominees
without mention of the fiduciary relationship in the instrument
evidencing the securities or on the books of the issuer of the same,
provided that: (1) The records of the corporate fiduciary shall at all times
clearly show that the securities are held by the corporate
fiduciary in its capacity as fiduciary, together with the
beneficial owner or owners thereof and all facts relating to its
ownership, possession, and holding thereof; and (2) The corporate fiduciary shall not be relieved of liability for
the safe custody, control, and proper distribution of the
securities by reason of the registration of same in the name of
any nominee. |