§ 633.89

633.89 Power of fiduciary or custodian to deposit securities. 1. A fiduciary as defined in section 633.3, holding securities, and a bank as defined in section 524.103, which is holding securities as a managing agent or as a custodian, including acustodian for a fiduciary, may deposit securities in a clearing corporation, as defined in section554.8102, which is located within or without the state of Iowa, if the clearing corporation isfederally regulated. A depositing bank is subject to rules adopted by the superintendent ofbanking, with respect to state banks, and by the comptroller of the currency, with respect tonational banking associations. 2. Certificates representing deposited securities of the same class of the same issuer may merge securities deposited by a fiduciary, or by a bank acting as a managing agent orcustodian, with securities deposited by any other person and may be held in the name of theclearing corporation or its nominee. The records of a depositing fiduciary and a depositingbank acting as a managing agent or custodian at all times must identify the persons onwhose behalf securities have been deposited.

r its nominee. The records of a depositing fiduciary and a depositingbank acting as a managing agent or custodian at all times must identify the persons onwhose behalf securities have been deposited. Title to deposited securities may be transferredby entry on the books of a clearing corporation without physical delivery of the securities. 3. On demand by the owner, a bank depositing securities in a clearing corporation as a managing agent or as a custodian shall identify in writing the securities so deposited. Ondemand by any party to the accounting of a fiduciary, the fiduciary shall identify in writingthe securities deposited in a clearing corporation for its account as fiduciary. 4. This section applies regardless of the date of the agreement, instrument, or court order under which the fiduciary or bank was appointed. [C75, 77, 79, 81, §633.89]96 Acts, ch 1138, §79, 84; 2016 Acts, ch 1011, §121Referred to in §524.1006 Sat Dec 23 11:23:25 2023 Iowa Code 2024, Section 633.89 (36, 0)