Section 1584 Of Article 4. Investments From California Financial Code >> Division 1.1. >> Chapter 16. >> Article 4.
1584
. Any trust company acting in any capacity under a court or
private trust or when acting in such capacity with one or more
persons as cofiduciary or cofiduciaries, unless the instrument
creating such trust contains a provision to the contrary, may, with
the consent of such cofiduciary or cofiduciaries cause any stock or
other securities held in any such capacity to be registered in the
name of a nominee or nominees of such trust company and any trust
company when acting as depositary or custodian for the trustee of any
other court or private trust, unless the instrument creating the
trust contains a provision to the contrary, may, with the consent of
the trustee of such other trust, cause any stock or other securities
held by it in such capacity to be registered in the name of a nominee
or nominees of such trust company. Any such trust company shall be
liable for any loss occasioned by the acts of any nominee of such
trust company with respect to such stock or other securities so
registered. The records of such trust company shall at all times show
the ownership of any such stock or other securities and of those
held in bearer form. Such stock or other securities and those held in
bearer form shall at all times be kept by such trust company
separate and apart from its other assets and may be kept by such
trust company:
(a) In a manner such that all certificates representing the stock
or other securities from time to time constituting the assets of a
particular estate, trust or other fiduciary account are held separate
from those of all other estates, trusts or accounts; or
(b) In a manner such that, without certification as to ownership
attached, certificates representing stock or other securities of the
same class of the same issuer and from time to time constituting
assets of particular estates, trusts or other fiduciary accounts are
held in bulk, including, to the extent feasible, the merging of
certificates of small denomination into one or more certificates of
large denomination, provided that a trust company, when operating
under the method of safekeeping security certificates described in
this subdivision, shall be subject to such rules and regulations as,
in the case of state chartered institutions, the commissioner and, in
the case of national bank associations, the Comptroller of the
Currency, may from time to time issue. Such trust company shall, on
demand by any party to an accounting by such trust company as
fiduciary or on demand by the attorney for such party, certify in
writing the stock or other securities held by such trust company as
such fiduciary for such party.
No domestic or foreign corporation or the registrar or transfer
agent of any such corporation shall be liable for registering or
causing to be registered on the books of such corporation any share
or shares or other securities in the name of any nominee of such
trust company or for transferring or causing to be transferred on the
books of any such corporation any share or shares or other
securities theretofore registered by such corporation in the name of
any nominee of such trust company as herein provided when the
transfer is made upon the authorization of such nominee.