§ 15-15-308 — Protection of registering entity

(1) 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 part 3.

(2) 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 part 3.

(3) 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
the security in accordance with section 15-15-307 and does so in good faith reliance
(i) on the registration, (ii) on this part 3, and (iii) 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 part 3 do not extend to a
reregistration or payment made after a 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 part 3.

(4) The protection provided by this part 3 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.

Legislative History

Source: L. 90: Entire article R&RE, p. 918, � 1, effective July 1.