act-1996-0-168•Pennsylvania Act 1996-168 — PROBATE ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
Pennsylvania Act 1996-168 — PROBATE ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
act-1996-0-1681996 Pa. Act 168Law
Act text
PROBATE ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
Act of Dec. 18, 1996, P.L. 1118, No. 168 Cl. 20
Session of 1996
No. 1996-168
HB 299
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, allowing owners of
securities to register the title to same in transfer-on-death
form; and providing for reports for school district trustees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 64
TRANSFER ON DEATH SECURITY REGISTRATION
Sec.
6401. Definitions.
6402. Registration in beneficiary form.
6403. Law applicable to registration.
6404. Origination of registration in beneficiary form.
6405. Form of registration in beneficiary form.
6406. Effect of registration in beneficiary form.
6407. Ownership on death of owner.
6408. Protection of registering entity.
6409. Nontestamentary transfer on death.
6410. Terms, conditions and forms for registration.
6411. Transfers of securities and security accounts.
6412. Construction of chapter.
6413. Application of chapter.
§ 6401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Beneficiary form." A registration of a security which
indicates the present owner of the security and the intention of
the owner regarding the person who will become the owner of the
security upon the death of the owner.
"Financial institution." Any regulated financial institution
insured by the Federal Deposit Insurance Corporation or its
successor or an affiliate of the financial institution.
"Heirs." Those persons, including the surviving spouse, who
are entitled under the statutes of intestate succession to the
property of a decedent.
"Person." An individual, a corporation, an organization or
other legal entity.
"Personal representative." The term includes an executor,
administrator, successor personal representative, special
administrator and persons who perform substantially the same
function under the law governing their status.
"Property." The term includes both real and personal
property or any interest therein and anything that may be the
subject of ownership.
"Register." To issue a certificate showing the ownership of
a certificated security or, in the case of an uncertificated
security, to initiate or transfer an account showing ownership
of securities.
"Registering entity." A person who originates or transfers a
security title by registration. The term includes a broker
maintaining security accounts for customers and a transfer agent
or other person acting for or as an issuer of securities.
"Security." A share, participation or other interest in
property, in a business or in an obligation of an enterprise or
other issuer. The term also includes a certificated security, an
uncertificated security and a security account.
"Security account."
(1) A reinvestment account associated with a security, a
securities account with a financial institution or a
securities dealer or broker and any cash balance in a
brokerage account with a financial institution or a
securities dealer or broker or cash, interest, earnings or
dividends earned or declared on a security in an account, a
reinvestment account or a brokerage account, whether or not
credited to the account before the owner's death.
(2) A cash balance or other property held for or due to
the owner of a security as a replacement for or product of an
account security, whether or not credited to the account
before the owner's death.
"State." Any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico and any territory or
possession subject to the legislative authority of the United
States.
§ 6402. Registration in beneficiary form.
Only individuals whose registration of a security shows sole
ownership by one individual or multiple ownership by two or more
with right of survivorship, rather than as tenants in common,
may obtain registration in beneficiary form. Multiple owners of
a security registered in beneficiary form hold as joint tenants
with right of survivorship, as tenants by the entireties or as
owners of community property held in survivorship form and not
as tenants in common.
§ 6403. Law applicable to registration.
A security may be registered in beneficiary form if the form
is authorized by this or a similar statute of the state of
organization of the issuer or registering entity, the location
of the registering entity's principal office, the office of its
transfer agent or its office making the registration or by this
or a similar statute of the law of the state listed as the
owner's address at the time of registration. A registration
governed by the law of a jurisdiction in which this or similar
legislation is not in force or was not in force when a
registration in beneficiary form was made is nevertheless
presumed to be valid and authorized as a matter of contract law.
§ 6404. Origination of registration in beneficiary form.
A security, whether evidenced by certificate or account, is
registered in beneficiary form when the registration includes a
designation of a beneficiary, which may include a trustee of a
trust, to take the ownership at the death of the owner or the
deaths of all multiple owners.
§ 6405. Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words
"transfer on death" or the acronym "TOD," or by the words "pay
on death" or the acronym "POD," after the name of the registered
owner and before the name of a beneficiary.
§ 6406. Effect of registration in beneficiary form.
The designation of a TOD beneficiary on a registration in
beneficiary form has no effect on ownership until the owner's
death. A registration of a security in beneficiary form may be
canceled or changed at any time by the sole owner or all then
surviving owners, without the consent of the beneficiary.
§ 6407. Ownership on death of owner.
On death of a sole owner or the last to die of all multiple
owners, ownership of securities registered in beneficiary form
passes to the beneficiary or beneficiaries who survive all
owners. On proof of death of all owners and compliance with any
applicable requirements of the registering entity, a security
registered in beneficiary form may be reregistered in the name
of the beneficiary or beneficiaries who survived the death of
all owners. Until division of the security after the death of
all owners, multiple beneficiaries surviving the death of all
owners hold their interests as tenants in common. If no
beneficiary survives the death of all owners, the security
belongs to the estate of the deceased sole owner or the estate
of the last to die of all multiple owners.
§ 6408. Protection of registering entity.
(a) General rule.--A registering entity is not required to
offer or to accept a request for security registration in
beneficiary form. If a registration in beneficiary form is
offered by a registering entity, the owner requesting
registration in beneficiary form assents to the protections
given to the registering entity by this chapter.
(b) Implementation.--By accepting a request for registration
of a security in beneficiary form, the registering entity agrees
that the registration will be implemented on death of the
deceased owner as provided in this chapter.
(c) Discharge.--A registering entity is discharged from all
claims to a security by the estate, creditors, heirs or devisees
of a deceased owner if it registers a transfer of a security in
accordance with section 6407 (relating to ownership on death of
owner) and does so in good faith reliance on the registration,
on this chapter and on information provided to it by affidavit
of the personal representative of the deceased owner or by the
surviving beneficiary or by the surviving beneficiary's
representatives, or other information available to the
registering entity. The protections of this chapter do not
extend to a reregistration or payment made after the registering
entity has received written notice from any claimant to any
interest in the security objecting to implementation of a
registration in beneficiary form. No other notice or other
information available to the registering entity affects its
right to protection under this chapter.
(d) Rights of beneficiaries not affected.--The protection
provided by this chapter to the registering entity of a security
does not affect the rights of beneficiaries in disputes between
themselves and other claimants to ownership of the security
transferred or its value or proceeds.
§ 6409. Nontestamentary transfer on death.
(a) General rule.--A transfer on death resulting from a
registration in beneficiary form is effective by reason of the
contract regarding the registration between the owner and the
registering entity and this chapter and is not testamentary.
(b) Creditors.--This chapter does not limit the rights of
creditors of security owners against beneficiaries and other
transferees under other laws of this Commonwealth.
§ 6410. Terms, conditions and forms for registration.
(a) Terms and conditions.--A registering entity offering to
accept registrations in beneficiary form may establish the terms
and conditions under which it will receive requests for
registrations in beneficiary form and for implementation of
registrations in beneficiary form, including requests for
cancellation of previously registered TOD beneficiary
designations and requests for reregistration to effect a change
of beneficiary. The terms and conditions so established may
provide for proving death, avoiding or resolving any problems
concerning fractional shares, designating primary and contingent
beneficiaries and substituting a named beneficiary's descendants
to take in the place of the named beneficiary in the event of
the beneficiary's death. Substitution may be indicated by
appending to the name of the primary beneficiary the letters
"LDPS," standing for "lineal descendants per stirpes." This
designation substitutes a deceased beneficiary's descendants who
survive the owner for a beneficiary who fails to so survive, the
descendants to be identified and to share in accordance with the
law of the beneficiary's domicile at the owner's death governing
inheritance by descendants of an intestate. Other forms of
identifying beneficiaries who are to take on one or more
contingencies, and rules for providing proofs and assurances
needed to satisfy reasonable concerns by registering entities
regarding conditions and identities relevant to accurate
implementation of registrations in beneficiary form, may be
contained in a registering entity's terms and conditions.
(b) Forms.--The following are illustrations of registrations
in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or
POD) John S. Brown, Jr., or John S. Brown TOD to Sally Smith,
trustee under my trust (under will or deed) dated.
(2) Multiple owners-sole beneficiary: John S. Brown Mary
B. Brown JT TEN TOD John S. Brown, Jr.
(3) Multiple owners-primary and secondary (substituted)
beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S.
Brown, Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B.
Brown JT TEN TOD John S. Brown, Jr., LDPS.
§ 6411. Transfers of securities and security accounts.
(a) Payment of inheritance tax.--No corporation, financial
institution, broker or similar entity shall transfer on its
books or issue a new certificate for any share of its capital
stock, its registered bonds, a security or a security account,
belonging to or standing in the name of a resident decedent,
belonging to or standing in the joint names of a resident
decedent and one or more persons, held in trust by or for a
resident decedent or in a beneficiary form indicating that a
resident decedent was the present owner or became the owner upon
the death of another, unless the inheritance tax upon the
transfer has actually been paid, or the written consent of the
Secretary of Revenue, or its designee, is first secured, or
there is presented to it an affidavit of the personal
representative or heir of the decedent, or his or their
attorney, that the decedent was a nonresident at the time of his
death, or that the person in whose name said security, security
account, shares of registered bond stands jointly with the
decedent by right of survivorship was the spouse of the decedent
at the time of death and that the ownership in, or designation
of such spouse was not created within one year before the
decedent's death, or written notification of the transfer is
given to the Secretary of Revenue within ten days of the
transfer as provided in subsection (d).
(b) Certificate of payment.--Whenever the inheritance tax
upon the transfer of a security, security account, share or
registered bank referred to herein is paid, it shall be the duty
of the secretary upon his motion or the request of any party in
interest or of such corporation, association, financial
institution, broker or similar entity to provide a certification
of such payment. The assessment notice subjecting said security,
etc., to tax issued by the Department of Revenue shall serve as
certification of such payment if accompanied by proof of
payment.
(c) Exemption.--The provisions of this section shall not
apply to the transfer of stock, registered bonds, securities or
a securities account assigned by a decedent before his death as
collateral security for a loan, provided that any lender so
holding such item shall, upon selling it, send a written report
to the department stating the amount for which the items were
sold and the amount which was applied in reduction or payment of
the loan. Any entity, herein above described, may transfer such
item upon presentation to it of an affidavit of the lender, or
someone acting under the authority of the lender and on its
behalf, that the item was held as security at the time of
decedent's death.
(d) Notification.--Notification to the Secretary of Revenue
shall include the name of the deceased person, the purchase date
of the capital stock, registered bond, security or security
account, the date of death value of the item being transferred
and the name, address and social security number of the person
to whom the item is being transferred.
§ 6412. Construction of chapter.
This chapter shall be liberally construed and applied to
promote its underlying purposes and policy and to make uniform
the laws with respect to the subject of this chapter among
states enacting it. Unless displaced by the particular
provisions of this chapter, the principles of law and equity
supplement its provisions.
§ 6413. Application of chapter.
This chapter applies to registration of securities in
beneficiary form made before or after the effective date of this
chapter by decedents dying on or after the effective date of
this chapter.
Section 2. Title 20 is amended by adding sections to read:
§ 7144. Reports for school district trustees.
(a) Scope.--This section applies if a school district is a
trustee of land in accordance with all of the following:
(1) The land is held for the benefit of the public.
(2) The land is not used directly for school purposes.
(b) Requirement.--
(1) By January 30, the school district shall prepare a
report for the prior year concerning the trust.
(2) The report shall detail all of the following:
(i) Revenues generated.
(ii) Expenses incurred.
(iii) Balance of funds held by the school district
as trustee.
(iv) A statement regarding the activities taken by
the trustee during the prior year to advance the purposes
of the trust.
(3) The report must be certified as correct by the
district superintendent.
(4) The report shall be made public as follows:
(i) The report shall be published in 14-point type
in a newspaper of general circulation in each county in
which the land is located.
(ii) The report shall be available during business
hours for inspection and copying at the office of the
district superintendent. A reasonable fee may be charged
for copying.
§ 7145. Jurisdiction.
Notwithstanding 42 Pa.C.S. § 931 (relating to original
jurisdiction and venue), jurisdiction over an action involving
land referred to in section 7144 (relating to reports for school
district trustees) shall be vested in the court of common pleas
in the judicial district where:
(1) all of the land is located; or
(2) more than 50% of the land is located.
Section 3. The report required by 20 Pa.C.S. § 7144(b)(1)
shall apply to calendar years beginning with 1996.
Section 4. This act shall take effect as follows:
(1) The addition of 20 Pa.C.S. Ch. 64 shall take effect
in 60 days.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 18th day of December, A. D. 1996.
THOMAS J. RIDGE
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