14-7662. Care of custodial property; duties of
custodian
A. A custodian shall:
1. Take control of custodial property.
2. Register or record title to custodial property if appropriate.
3. Collect, hold, manage, invest and reinvest custodial property.
B. In dealing with custodial property, a custodian shall observe the standard of
care that would be observed by a prudent person dealing with property of another and is
not limited by any other statute restricting 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.
C. A custodian may invest in or pay premiums on life insurance or endowment
policies on either the life of the minor if the minor or the minor's estate is the sole
beneficiary or 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 certificated securities may be
held on deposit at a stock brokerage firm or a financial institution registered in a
street name or nominee name. 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 either by registration
or 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 Arizona uniform
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 is at least fourteen years of
age.
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