Stock trading account for minors
A custodial account is a financial stock trading account for minors such as a bank accounta trust fund or a brokerage account set up for the benefit of a beneficiaryand administered by a responsible person, known as a custodianwho has a fiduciary obligation to the beneficiary.
In one form, a custodial account is an account set up for a minorbecause the minor is under the legal age of majority. The custodian is often the minor's parent. In another form, a custodial account is a trust account owned by an individual or stock trading account for minors, managed by a named party for purposes of rapid distribution of funds in that account. This is commonly used for petty cash, or for transactions that have very limited and clearly defined payees and stock trading account for minors types.
For example, law firm accounting includes trust accounts for disbursing funds entrusted to the stock trading account for minors firm by each client for the client's benefit.
In the United States, the Uniform Transfers to Minors Act provides for the possibility of bank accounts, brokerage accounts, and other property to be held in a custodial capacity under the Act so that the custodian has the right to control the property but that legal title is deemed to be in the minor for many purposes.
Brokerage account agreements under Article 8 of the Uniform Commercial Code create a legal relation known as "custodianship", which is distinguished from the traditional concept of a trust. The treatment of a stock trading account for minors account based IRA as a trust for tax purposes is largely a legal fiction.
If Article 8 is set aside and the brokerage account is considered purely under principles of common lawthere is a possibility of construing the collection of brokerage accounts in the intermediated custodial holding chain as a collection of directed agency nominee trusts. According to this legal theory, each securities position with respect to a particular class of securities which appears in the brokerage firm's omnibus securities account is a trust fund for the benefit of customers sharing participation in that position.
To exactly what extent the operation of such a theory would be restricted by Article 8 and the Securities Investor Protection Act in future litigation is not obvious, and is perhaps irrelevant as a practical matter because of the level of detail in the legislation mentioned. The trustee of a nominee trustbeing a directed agent of the beneficiaries, cannot even bind the trust estate to a debt in a capacity that is sufficiently separate from the capacity of the beneficiaries to contract the same debt themselves.
For this reason, the nominee trust is not a debtor-person for bankruptcy purposes and therefore cannot obtain bankruptcy protection like it were a corporation. This is one reason why stock trading account for minors trusts are not considered to be actual trusts by some lawyers. In England, there is no Article 8 and therefore principles of common law may operate with greater freedom.
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