Title 46, Title 46: PROPERTY

46:31-3. Method and place of marking articles The brand, label or mark required by section 46:31-2 of this title shall contain at the head or top thereof the words "convict made" , followed by the year and name of the penitentiary, prison, reformatory, or other establishment in w…

46:31-4. Possession for sale A person dealing in convict-made goods, wares or merchandise, as described in this chapter, the sale of which is lawful, shall not knowingly have them in possession for the purpose of sale, or offering them for sale without the brand, label or mark, r…

46:31-5. Violations of chapter; misdemeanor Any person, firm or corporation violating the provisions of this chapter, except sections 46:31-1 and 46:31-6 of this title, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five nor more t…

46:31-6. Goods made by convicts of other states subject to laws of this state; violators disorderly persons; punishment; procedure All goods, wares and merchandise manufactured and produced, wholly or in part, outside of this state by convicts or prisoners, except convicts or pri…

46:33-1. Requisites of contracts, agreements or chattel mortgages; acknowledgment or proof; record; marking of equipment or vehicles; recording fees; mortgages and personal property excepted; laws not applicable Whenever (a) any railroad or street railway equipment and rolling st…

46:34-1. Contracts must be bona fide All contracts and agreements between customers and brokers relating to the purchase or sale, either upon credit or margin, of any securities, choses in action, or commodities, including all evidences of debt or property and options for the pur…

46:34-2. Contract; when effective All contracts and agreements between customers and brokers respecting the purchase or sale either upon credit or margin of any securities, choses in action or commodities, of the character specifically referred to in section 46:34-1 of this title…

46:34-3. Actions for recovery of money, property or chose in action No action shall be brought or maintained by any customer or broker for the recovery of any money, property or chose in action of any kind or character which shall have been paid, deposited, delivered or advanced …

46:38-13. Short title This act may be cited as the "New Jersey Uniform Gifts to Minors Act." L. 1963, c. 177, s.1; repealed R.S. 46:38A-57 (effective July 1, 2007).

46:38-14. Definitions As used in this act: (a) "Adult" means a person 21 years of age or more. (b) "Bank" means a bank, trust company, national banking association, savings bank or other banking institution, deposits in which are insured by the Federal Deposit Insurance Corporati…

46:38-15. Gifts to minors 3. An adult may, during his lifetime, make a gift of a security, a life insurance or endowment policy, annuity contract, tangible personal property, interest in a partnership or limited partnership or money to a minor under this act: (a) If the subject o…

46:38-16. Custodial gift A gift made on or after the effective date of this act in a manner prescribed in section 3 of this act is a "custodial gift" and as such is governed by this act. It is such whether or not the person designated custodian is eligible to serve, and whether o…

46:38-17. Effect of custodial gift A gift made in the manner prescribed in this act is irrevocable and conveys to the minor an indefeasible vested legal title to the security, life insurance or endowment policy, annuity contract, money, tangible personal property, interest in a p…

46:38-18. Acceptance of custodianship; notice (a) If a custodial gift includes a security not in registered form the execution by the custodian designee of the acknowledgment of receipt described in section 3(b) of this act constitutes acceptance of the custodianship. (b) If a cu…

46:38-19. Successor custodians; designation A donor may, at the time of making a custodial gift, designate one or more eligible persons as successor custodians to act as such upon the renunciation, death, resignation or removal of the first custodian or of the preceding successor…

46:38-19.1. Resignation, death or removal of custodian; designation of successor custodian a. A custodian may, before he renounces, dies, resigns or is removed from office, designate a successor custodian if the donor has failed to designate a successor. The custodian may designa…

46:38-20. Acceptance of custodianship by designated successor A person designated a successor custodian shall be deemed to have accepted the custodianship upon the execution by him and delivery to the person or court who designated him a notice in writing of his acceptance of the…

46:38-20.1. Taking effect of designation of successor custodian The designation of a successor custodian takes effect as to each item of the custodial property when the custodian resigns, dies or becomes legally incapacitated and the custodian or his legal representative: a. Caus…

46:38-21. Persons eligible to be custodians Only the following persons are eligible to be custodians: the donor of the custodial property, an adult, a guardian of the minor and a trust company. There may not be more than one custodian of the same custodial property at the same ti…

46:38-22. Authorization of trustee or executor to make gift to minor An adult may authorize or direct his trustee or executor to make a gift to a minor under this act. If a gift is so made, the trustee or executor shall be deemed the donor of the gift for the purpose of this act.…

46:38-23. Gift to one minor; one person as custodian Any gift made under this act may be made to only one minor and only one person may be the custodian. L. 1963, c. 177, s. 11. Amended by L.1981, c. 377, s. 10, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007)…

46:38-24. Placing subject of gift in possession and control of custodian A donor of a custodial gift shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor's failure to comply with this se…

46:38-24.1. Placement of possession and control of custodial property in successor custodian; priority of instruments of designation A custodian who executes an instrument of designation of his successor containing the custodian's resignation shall promptly do all things within h…

46:38-25. Rights, duties or authority of guardian with respect to custodial property A guardian of a minor shall have no right, power, duty or authority with respect to custodial property except as provided in this act. L. 1963, c. 177, s. 13; repealed R.S. 46:38A-57 (effective J…

46:38-26. Combining and treating gifts as single custodial gift; separate administration of gifts If one person has been designated custodian of 2 or more custodial gifts for the same minor he may combine and treat them for all purposes as if they were a single custodial gift. If…

46:38-27. Custodian; powers, duties 15. (a) The custodian shall collect, hold, manage, invest and reinvest the custodial property. (b) The custodian shall pay over to the minor for expenditure by him, or expend on behalf of the minor, so much of or all the custodial property as t…

46:38-28. Reimbursement for expenses; compensation; bond; liability for losses (a) A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties. (b) A custodian may act without compensation for his serv…

46:38-29. Exemption of third persons from liability An issuer, transfer agent, bank, life insurance company, broker or other person acting on the instructions of or otherwise dealing with any person purporting to act as a donor or custodian (a) is not responsible for determining …

46:38-30. Resignation of custodian; procedure (a) If a successor custodian who is then in being has been designated, the custodian may resign by (1) executing an instrument of resignation, (2) causing each security which is custodial property and in registered form or a life insu…

46:38-32. Death, renunciation of custodian 20. Upon the death of a custodian or renunciation of a custodian designee for whom a successor custodian has been designated or provided by law, the certificate of death, a written renunciation or a written recital of the renunciation, a…

46:38-33. Requiring custodian to give bond; removal of custodian; transfer of custodial property Upon application of the donor, the legal representative of a donor, an adult member of the minor's family, a guardian of the minor, or the minor if he has attained the age of 14 years…

46:38-34. Accounting by custodian The court may require or permit the custodian or his legal representative to account incident to any proceeding under this act, or in a separate proceeding upon application of the minor if he has attained 14 years of age, the legal representative…

46:38-35. Delivery of notice A delivery of a notice to a person under this act may be effected either (a) by personal delivery to the person, (b) by personal delivery at his residence to a member of his household who has attained 14 years of age, or (c) by registered or certified…

46:38-36. Construction of act (a) This act shall be construed to promote uniformity with similar laws of other States. (b) The methods for making gifts to minors provided by this act are not exclusive. L.1963, c. 177, s. 24; repealed R.S. 46:38A-57 (effective July 1, 2007).

46:38-37. Model act; application and repeal "An act concerning gifts of securities to minors," approved July 14, 1955 (P.L.1955, c. 139), hereinafter called the "Model Act," shall not apply to any gift made to a minor on or after the effective date of this act. The Model Act is r…

46:38-38. Gifts made under model act All gifts made before the effective date of this act under the Model Act shall continue to be governed by the Model Act. L.1963, c. 177, s. 26; repealed R.S. 46:38A-57 (effective July 1, 2007).

46:38-39. Gifts authorized or directed to be made under model act All gifts which were, before the effective date of this act, authorized or directed to be made under the Model Act shall, if made, be made under this act. L.1963, c. 177, s. 27; repealed R.S. 46:38A-57 (effective J…

46:38-40. Reservation of power The Legislature reserves the power to amend, supplement and repeal this act. L.1963, c. 177, s. 28; repealed R.S. 46:38A-57 (effective July 1, 2007).

46:38-41. Provisions severable 29. If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity.…

46:38A-1. Short title This chapter shall be known and may be cited as the "New Jersey Uniform Transfers to Minors Act." L. 1987, c. 18, s. 1.

46:38A-10. Transfer under will or trust; transfer to be made to nominated custodian If the testator or the settlor of a trust has nominated a custodian under R.S. 46:38A-6 to receive the custodial property, the transfer shall be made to that person. L. 1987, c. 18, s. 1.

46:38A-11. Transfer under will or trust; custodian not nominated or dead, etc. If the testator or the settlor under a trust has not nominated a custodian under R.S. 46:38A-6, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligibl…

46:38A-12. Other transfers by personal representative or trustee Subject to R.S. 46:38A-14, a personal representative or a trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, in the absen…

46:38A-13. Transfers by a guardian Subject to R.S. 46:38A-14, a guardian of a minor may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor. L. 1987, c. 18, s. 1.

46:38A-14. Conditions under which certain transfers may be made by a personal representative, trustee or guardian A transfer may be made under R.S. 46:38A-12 or R.S. 46:38A-13 only if: a. The personal representative, trustee or guardian considers the transfer to be in the best in…

46:38A-15. Transfer by obligor Subject to R.S. 46:38A-16 and R.S. 46:38A-17, a person not subject to R.S. 46:38A-9 through R.S. 46:38A-11, or R.S. 46:38A-12 through R.S. 46:38A-14, who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevo…