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Question

Difficulty: MediumCustomer Account Types and Ownership Structures

A customer contacts a registered representative expressing a desire to establish a Uniform Transfers to Minors Act (UTMA) custodial account to save for the college education of her two minor grandchildren. She requests that both grandchildren be named as joint beneficiaries on the account and asks to designate both herself and the children's father as co-custodians. How should the registered representative advise the customer regarding UTMA account ownership rules?

  1. Inform the customer that UTMA regulations restrict each custodial account to exactly one custodian and one minor beneficiary, meaning two separate accounts must be opened.Answer
  2. B
    Explain that multiple minor beneficiaries may share a single UTMA account, provided the assets are registered under joint tenancy with rights of survivorship.
  3. C
    Advise the customer that co-custodians are permitted if both are adult family members, but only one minor beneficiary may be listed per account.
  4. D
    Confirm that up to two minor beneficiaries can be listed on one account, provided the customer uses her own Social Security Number for tax reporting until they reach adulthood.

Answer

The representative must inform the customer that UTMA rules allow only one custodian and one minor beneficiary per account, requiring two separate custodial accounts to be established.
Under both the Uniform Gifts to Minors Act (UGMA) and Uniform Transfers to Minors Act (UTMA), a custodial account is strictly limited to one custodian and one minor beneficiary. To benefit two grandchildren, the donor must set up two separate custodial accounts, each with its own designated minor (using that minor's Social Security Number for tax reporting).

Step-by-Step Solution

1
Identify the account registration structure requested by the client.
The client requested a single UTMA account with two custodians and two minor beneficiaries.
Understanding the requested parameters allows comparison against FINRA and UTMA regulatory requirements.
2
Apply standard UGMA/UTMA registration rules regarding custodians and beneficiaries.
UTMA rules mandate strict 'one custodian, one minor' structuring per account.
Legal title and tax liability (using the minor's SSN) must cleanly vest in a single minor individual.
3
Determine the proper operational recommendation for the customer.
The representative must instruct the customer to open two separate UTMA accounts, each naming one minor grandchild and one custodian.
This complies with state transfer-to-minors laws and broker-dealer account opening procedures.

Key Concept

UGMA/UTMA Custodial Account Ownership Rules
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Topics

Customer Account Types and Ownership Structures