Title 53, Chapter 12, Section 302
( 53-12-302)
(a) Any fiduciary holding securities in its fiduciary capacity, any
bank or trust company holding securities as a custodian or managing
agent, and any bank or trust company holding securities as custodian
for a fiduciary is authorized to deposit or arrange for the deposit
of the securities in a clearing corporation, as defined in Article 8
of Title 11. When the securities are deposited, certificates
representing securities of the same class of the same issuer may be
merged and held in bulk, in the name of the nominee of the clearing
corporation, with any other such securities deposited in the
clearing corporation by any person, regardless of the ownership of
the securities, and certificates of small denominations may be
merged into one or more certificates of larger denomination. The
records of the fiduciary and the records of the bank or trust
company acting as custodian, as managing agent, or as custodian for
a fiduciary shall at all times show the name of the party for whose
account the securities are deposited. Title to the securities may
be transferred by bookkeeping entry on the books of the clearing
corporation without physical delivery of certificates representing
the securities. (b) A bank or trust company depositing securities pursuant to this
Code section shall be subject to such rules and regulations as, in
the case of state chartered institutions, the commissioner of
banking and finance and, in the case of national banking
associations, the comptroller of the currency may from time to time
issue. (c) A bank or trust company acting as custodian for a fiduciary, on
demand by the fiduciary, shall certify in writing to the fiduciary
the securities deposited by the bank or trust company in the
clearing corporation for the account of the fiduciary. A fiduciary,
on demand by any party to a judicial proceeding for the settlement
of the fiduciary's account or on demand by the attorney for the
party, shall certify in writing to the party the securities
deposited by the fiduciary in the clearing corporation for its
account as the fiduciary. (d) This Code section shall apply to any fiduciary holding
securities in its fiduciary capacity and to any bank or trust
company holding securities as a custodian, managing agent, or
custodian for a fiduciary acting on April 13, 1973, or acting
thereafter, regardless of the date of the agreement, instrument, or
court order by which it is appointed and regardless of whether or
not the fiduciary, custodian, managing agent, or custodian for a
fiduciary owns capital stock of the clearing corporation. |