View Amendment Current Amendment: JUD to Bill 3821

The Committee on Judiciary proposed the following amendment (JUD3821.003):

Amend the bill, as and if amended, page 29, line 34, by adding appropriately numbered SECTIONS to read:

/ SECTION __. Section 62-1-201(49) is amended to read:

"(49) ' Trust' includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. 'Trust' excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article 6 (Sections 62-6-101 et seq.), custodial arrangements pursuant to the South Carolina Uniform Gifts to Minors Act, Article 5, Chapter 5, Title 63, South Carolina Uniform Transfer to Minors Act, Article 6, Chapter 5, Title 63, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another."

SECTION__ . Section 62-1-302(a)(2)(ii) is amended to read:

"(a)(2)(ii) gifts made pursuant to the South Carolina Uniform Gifts to Minors Act under Article 5, Chapter 5, Title 63 South Carolina Uniform Transfer to Minors Act under Article 6, Chapter 5, Title 63;"

SECTION __. Section 62-5-103(A)(3) is amended to read:

"(A)(3) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor or for the minor under the Uniform Gifts to Minors Act Uniform Transfer to Minors Act and giving notice of the deposit to the minor."

SECTION __. References to the "Uniform Gift to Minors Act" mean the "Uniform Transfer to Minors Act", except as provided in Section 59-4-40. /