11574. Certificate in Name of Deceased Person, Trustee, etc.
(a) A certificate shall not be a good delivery with an assignment or power of substitution executed by a: (1) person since deceased; (2) trustee or trustees, except as provided in paragraph (b) of this Rule, or except for trustees acting in the capacity of a board of directors of a corporation or association, in which case Rule 11571(a) shall apply; (3) guardian, except as provided in paragraph (b) of this Rule; (4) infant; (5) executor, except as provided in paragraph (b) of this Rule; (6) administrator, except as provided in paragraph (b) of this Rule; (7) receiver in bankruptcy; (8) agent; (9) attorney; (10) or with a qualification, restriction or special designation.
(b) A certificate shall be a good delivery with an assignment or a power of substitution executed by a: (1) domestic individual executor(s) or administrator(s); (2) domestic individual trustee(s) under an inter vivos or testamentary trust; or (3) domestic guardian(s) including committees, conservators and curators. These exceptions to paragraph (a) of this Rule are to cover transfers that will be effected by transfer agents without additional documentation. This paragraph (b) shall apply only to securities of a domestic issuer (organized under the laws of any state in the United States or District of Columbia) which are registered in the name(s) of (1), (2) or (3) of this paragraph (b). Certificates delivered pursuant to this paragraph (b) must be properly assigned, and the signature(s) to the assignment be guaranteed pursuant to Rule 11550(h).
(c) This Rule does not apply to certificates registered under a Statutory Gifts to Minors Act.
• • • Supplementary Material: --------------
.01 Sample Limited Partnership Change of Trustee Form.
Limited Partnership Change of Trustee Form
| FBO (Investor's Name) |
Partnership Name |
| Assignor (Present Trustee's Name) |
Assignor's Address |
| Customer's A/C Number with Assignor | THIS HEREBY CONSTITUTES AND APPOINTS THE SAID PARTNERSHIP TO TRANSFER THE SAID INTERESTS ON THE BOOKS OF THE PARTNERSHIP WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. |
| The Assignor hereby assigns to the Assignee 100% of the Assignor's right, title and interest in the Limited Partnership(s) described herein. | |
| ASSIGNOR'S RELEASE: ____________________________ (Authorized Signature) |
____________________________ (Date) |
| Designee (New Trustee's Name) |
(Assignee's Address) |
| (Customer's A/C Number with Assignee) |
(Assignee's Tax ID Number) |
| New Trustee's (Assignee's) Instructions: |
|
| Partnership Information: |
|
| ASSIGNEE'S ACCEPTANCE ____________________________ (Authorized Signature) |
____________________________ (Date) |
| Assignee: | Upon receipt, forward this form and the original certificate (if available) to the General Partner for re-registration. |
| General Partner: |
| Amended by SR-FINRA-2010-060 eff. Dec. 15, 2010. Amended by SR-FINRA-2010-030 eff. Dec. 15, 2010. Amended by SR-NASD-91-13 eff. Nov. 1, 1991. Amended eff. July 1, 1974. Selected Notice: 10-49. |