Current through the 2024 Third Special Session
Section 75A-8-112 - [Effective 9/1/2024] Validity and effect of transfer(1) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (a) failure of the transferor to comply with Subsection 75A8-110(3) concerning possession and control;(b) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Subsection 75A-8-110(1) ; or(c) death or incapacity of a person nominated under Section 75A-8-104 or designated under Section 75A-8-110 as custodian or the disclaimer of the office by that person.(2)(a) A transfer made under Section 75A-8-110 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter.(b) A minor, or a minor's representative, does not have any right, power, duty, or authority regarding the custodial property except as provided in this chapter.(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.Renumbered from § 75-5a-112 and amended by Chapter 364, 2024 General Session ,§ 218, eff. 9/1/2024.Enacted by Chapter 272, 1990 General Session