Custodial trust agreement 2025

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Custodians are responsible for the physical security of assets, but they do not have the authority to make management decisions. The authority to make management choices rests with the trustees; however, they are not required to hold or secure the assets. Custodians are also different from executors.
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
Thus, a person may be registered as the owner of certain shares in a company but may in fact hold them as nominee for a trust. A custodian is defined as a person who undertakes the safe custody of some or all of the assets of the trust or of any documents or records concerning the assets (section 17(2)).
The primary role of a custodian is to hold and safekeep client assets. Custody banks and brokerage firms have different responsibilities. Using a custody bank or a brokerage firm are both viable options for holding assets; however, different rules and standards apply regarding how the assets are treated.
Custodial property will be given to minor outright when they reach age 18 or 21, depending on whether the decedent specified an age to transfer the property to the minor. Trusts offer much more flexibility in this area. You can decide to give the minor control of the property upon reaching age 25, 30, or any other age.
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A custodial agreement is an arrangement wherein one holds an asset or property on behalf of the actual owner (beneficial owner). Such agreements are generally entered into by state agencies, or companies to administer various benefit programs.

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