1. The Laws of New York
  2. Consolidated Laws
  3. Estates, Powers & Trusts
  4. Article 13: Other Provisions Affecting Estates
  5. Part 4: Transfer-on-death Security Registration


Section 13-4.1 Definitions

Estates, Powers & Trusts (EPT)

§ 13-4.1 Definitions

  As used in this part unless the context otherwise requires:

  (a) "Beneficiary form" means 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.

  (b) "Devisee" means any person to whom real property is transferred by will.

  (c) "Distributee" means any person entitled to take or share in the property of a decedent under the statutes governing descent and distribution.

  (d) "Legatee" means any person designated to receive a transfer by will of personal property.

  (e) "Person" means an individual, a corporation, an organization or other legal entity.

  (f) "Personal representative" includes executor, administrator, successor personal representative, preliminary executor, temporary administrator and persons who perform substantially the same function under the law governing their status.

  (g) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

  (h) "Register" including its derivatives, means 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.

  (i) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker or banking institution, as defined in paragraph (b) of subdivision three of section nine-f of the banking law maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

  (j) "Security" means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.

  (k) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker or banking institution, as defined in paragraph (b) of subdivision three of section nine-f of the banking law, a cash balance in a brokerage account or securities account, 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, or

  (ii) 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.

  (l) "State" includes 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.