To exactly what extent the operation of such a theory would be restricted by Article 8 and the Securities Investor Protection Act in future litigation is not obvious, and is perhaps irrelevant as a practical matter because of the level of detail in the legislation mentioned.

In the U.S., this type of account is often structured as a Coverdell ESA, allowing for tax-advantaged treatment of educational expenses. A guardian IRA is an individual retirement account (IRA) held in the name of a legal guardian or parent on behalf of a child or other person. This article focuses on custodial accounts for minors. Depending on what state you’re living in the actual definition of a minor can vary since the “age of majority” will be different depending on the state.

However, the financial institution probably won't allow the manager to use the account to trade on margin or buy futures, derivatives, or other highly speculative investments. A custodial account is much simpler and less expensive to establish than a trust fund. Although the parent or other custodian can add and withdraw funds at will, he or she has a fiduciary responsibility to manage the funds in the child's interest.

in political science from State University of New York and a Master of Environmental Law and a J.D. Every child under 19 years old—24 for full-time students—who files as part of their parents’ tax return is allowed a certain amount of “unearned income” at a reduced tax rate. Also, there are no withdrawal penalties. Also, the custodial account beneficiary cannot be altered, whereas, the beneficiary on a 529 college plan may change with some limitations. However, once the minor reaches the age of majority in their state of residence, they can file a tax return of their own. Each state has specific regulations governing age of majority and the naming of custodians and alternate custodians. In some states you become an adult at the age of 18, others the age is 21. Both UTMA and the older version UGMA have custodial accounts set up in the minor's name, with a designated custodian—usually the child's parent or guardian. UGMA accounts are limited to financial assets of cash, securities—stocks, bonds, or mutual funds—annuities, and insurance policies. According to this legal theory, each securities position with respect to a particular class of securities which appears in the brokerage firm's omnibus securities account is a trust fund for the benefit of customers sharing participation in that position. Custodial account terms usually parallel that of their regular, non-tax-advantaged accounts for individuals. For example, in the context of the Individual Retirement Account (IRA), a brokerage firm distinguishes its custodial account IRAs from trust IRAs when seeking IRS tax approval for an IRA plan which is part of a brokerage account agreement. Custodial accounts have enormous flexibility.

Any large purchases or non-necessary expenditures usually must be approved by a court ahead of time. The custodian—a designated manager or investment advisor—decides how to invest the money.
Initial investments, minimum account balances, and interest rates vary by the company that houses the account. However, to do so, the custodian must liquidate any non-cash investments in the custodial account. For example, law firm accounting includes trust accounts for disbursing funds entrusted to the law firm by each client for the client's benefit. A custodial account is a savings account set up and administered by an adult for a minor. Once established, a custodial account functions like any other account at a bank or brokerage. Custodial accounts are typically opened by parents on behalf of their children, although there are other types of custodial accounts as well.

Learn why a Roth IRA may be a better choice than a traditional IRA for some retirement savers.

In the United States, the Uniform Transfers to Minors Act provides for the possibility of bank accounts, brokerage accounts, and other property to be held in a custodial capacity under the Act so that the custodian has the right to control the property but that legal title is deemed to be in the minor for many purposes.