Chapter 20 - § 20.25 • REGISTRATION OF TITLE TO PROPERTY

JurisdictionColorado
§ 20.25 • REGISTRATION OF TITLE TO PROPERTY

It long has been the rule that all of the personal property of the estate, unless it is in such form that it passes by delivery, should be carried in the name of the fiduciary, as fiduciary, unless otherwise specifically permitted by the terms of the governing instrument or by statute. Perkins v. Adams, 63 P. 792 (Colo. App. 1901); but see C.R.S. § 15-1-804(2)(o), permitting use of nominee by all fiduciaries to whom the Act applies. A Colorado statute permits corporate fiduciaries to make use of a nominee, provided adequate records of actual ownership are maintained, and individual fiduciaries may make use of the nominee of a corporate fiduciary by depositing the securities with it. The corporate bailee must reregister the property in the name of the fiduciary, as such, before redelivering it. Bearer securities should not be mingled with the individual holdings of the fiduciary. C.R.S...

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