| 5 CA ADC § 30955
5 CCR s 30955
Cal. Admin. Code tit. 5, s 30955
CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 4.5. SCHOLARSHARE INVESTMENT BOARD
CHAPTER 1. GOLDEN STATE SCHOLARSHARE TRUST PROGRAM
This database is current through 02/02/07, Register 2007,
No. 5
s 30955. Change of Account Ownership.
(a) Change of Account Ownership by Individual Account Owner.
An individual
account owner may transfer ownership of an account to another
eligible
account owner at any time. The change of ownership shall be
effective if
the transfer is (1) irrevocable; (2) transfers all ownership,
reversionary
rights, and powers of appointments (i.e., power to change
designated
beneficiaries and to direct distributions from the account);
and (3) is
submitted to the program administrator's designee in writing.
(b) Change of Account Ownership by Entity Account Owner.
An entity account
owner may transfer ownership of an account to another eligible
account
owner at any time by submitting a written request to the program
administrator's designee with substantiation that the change
of ownership
is authorized by the entity and that the signer of the request
is
authorized to conduct the transaction. The change of ownership
shall not
be effective until the successor account owner has submitted
a completed
and signed participation agreement to the program administrator's
designee.
(c) Change of Account Ownership by Custodial Account Owner
Prohibited. A
custodial account owner is not permitted to transfer ownership
of a
custodial account.
(d) Contingent Account Owner. An individual account owner
(but not an
entity or custodial account owner) may designate another individual
as a
contingent account owner to become the owner of the account
automatically
upon the death of the individual account owner by submitting
a written
request to the program administrator's designee. The contingent
account
owner designation may be revoked by the individual account
owner at any
time by submitting to the program administrator another written
request
that either designates a new contingent account owner or revokes
all
previous designation(s) of a contingent account owner. Upon
the death of
the individual account owner who has in effect a designation
of a
contingent account owner, the assets of the account shall
not be deemed
assets of the estate of such deceased account owner for any
purpose. The
change of ownership shall not be effective until the successor
account
owner has submitted to the program administrator's designee
a certified
copy of a death certificate sufficiently identifying the deceased
by name
and Social Security number, or such other proof of death as
is recognized
under applicable law and is acceptable to the program administrator,
and a
completed participation agreement signed by the successor
account owner.
(e) Court Order. A change in owner of an account may be
effected by
submitting to the program administrator's designee a written
request that
is not signed by the account owner of record if the change
of account
ownership is accompanied by a court order directing the change
of
ownership or by an affidavit or declaration that is recognized
under
applicable law to require the transfer of ownership upon death
without a
court order. The program administrator's designee shall not
implement a
change in ownership (other than a change in ownership described
in
paragraph (d) of this Section) without first receiving a written
request
signed by the account owner of record, a court order, or an
affidavit or
declaration as herein described. The successor account owner
must submit a
completed and signed participation agreement to the program
administrator's designee.
Note: Authority cited: Sections 69981(d), 69982(h) and 69993.5,
Education Code. Reference: Section 69986(h), Education Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to
Education Code69993.5; operative 6-28-99 (Register 99, No.
23). A
Certificate of
Compliance must be transmitted to OAL by 2-23-2000 or emergency
language
will
be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant
to
Education Codesection 69993.5, including new subsections (b)
and (c) and
amendment of Note;
operative 12-26-99 (Register 99, No. 53). A Certificate of
Compliance must
be transmitted to OAL by 4-24-2000 or emergency language will
be repealed
by
operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including
amendment of
section, transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register
2000,
No.
22).
4. Amendment filed 12-26-2000 as an emergency; operative
1-1-2001
(Register
2000, No. 52). A Certificate of Compliance must be transmitted
to OAL by
7-
2-2001 pursuant to Education Code section 6993.5 or emergency
language
will
be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order, including
further
amendment of subsection (d), transmitted to OAL 5-22-2001
and filed
7-5-2001
(Register 2001, No. 27).
6. Amendment of subsection (a)filed 12-18-2001 as an emergency;
operative
1-1-
2002 (Register 2001, No. 51). Pursuant to Education Code section
69993.5,
a Certificate of Compliance must be transmitted to OAL by
7-1-2002 or
emergency
language will be repealed by operation of law on the following
day.
7. Editorial correction ofHistory6 (Register 2002, No. 21).
8. Editorial correction ofHistory6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001
emergency
amendment by operation of Government Code section 11346.1(f)
(Register
2002, No. 31).
10. Amendment of subsection (a)filed 7-31-2002 as an emergency;
operative
7-31-
2002 (Register 2002, No. 31). A Certificate of Compliance
must be
transmitted to OAL by 12-2-2002 or emergency language will
be repealed by
operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted
to OAL
11-13-
2002 andfiled 12-5-2002 (Register 2002, No. 49).
5 CCR s 30955, 5 CA ADC s 30955
1CAC
5 CA ADC s 30955
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