Section 678. Accounts for convenience only


Latest version.
  • 1.  When a deposit of cash,
      securities or other property has been made, or shares shall be issued in
      or  with  any  banking  organization  or  foreign  banking   corporation
      transacting  business in this state, in an account established after the
      effective date of this section, in the name of a depositor  and  another
      person  and  in  form  to  be  paid  or  delivered  to  either  "for the
      convenience" of the  depositor,  the  making  of  such  deposit  or  the
      issuance  of  such  shares shall not affect the title to such deposit or
      shares and the depositor shall not be considered to have made a gift  of
      one-half  the  deposit  or  of  any additions or accruals thereon to the
      other person, and, on the death of the depositor, the other person shall
      have no right of survivorship in the account. If an addition is made  to
      such an account by anyone other than the depositor, such an addition and
      accruals thereon shall be considered to have been made by the depositor.
      Such  deposit  or  shares,  together  with  all  additions  and accruals
      thereon, may be paid or delivered to the depositor or the other  person,
      and  such  payment or delivery and the receipt or acquittance of the one
      to whom such  payment  or  delivery  is  made,  shall  be  a  valid  and
      sufficient  release and discharge to the banking organization or foreign
      banking corporation prior to the receipt by the banking organization  or
      foreign banking corporation of notice in writing signed by the depositor
      not  to  pay  or  deliver  such  deposit or shares and the additions and
      accruals thereon in accordance with the terms thereof, and after receipt
      of  any  such  notice,  the  banking  organization  or  foreign  banking
      corporation  may require the receipt or acquittance of the depositor for
      any further payments or delivery. If the depositor is dead, such payment
      or delivery to the other person shall be a valid and sufficient  release
      to  the banking organization or foreign banking corporation prior to the
      receipt by the banking organization or foreign  banking  corporation  of
      written  notice  of  the  depositor's  death.  A banking organization or
      foreign banking corporation which, upon the death of the  depositor  and
      prior  to  service  upon  it of a restraining order, injunction or other
      appropriate process from a court of competent  jurisdiction  prohibiting
      payment, makes payment to the executor, administrator or other qualified
      representative  of the deceased depositor's estate, shall, to the extent
      of such payment, be released from liability to  any  person  claiming  a
      right  to  the  funds  and  the  receipt or acquittance of the executor,
      administrator or qualified representative to whom payment is made  shall
      be  a  valid  and  sufficient  release  and  discharge  of the financial
      institution.
        2. The banking board shall promulgate and may from time to time  amend
      rules  and  regulations  which require that a depositor who requests the
      establishment of an account in the name of  the  depositor  and  another
      person  "for  the convenience" of the depositor be informed of the terms
      and conditions of the account  described  in  subdivision  one  of  this
      section, including the relationship and consequences between the parties
      in  such  an account, the difference between such an account and a joint
      account established under  section  six  hundred  seventy-five  of  this
      article,  and the responsibilities of the institution with which such an
      account is established. This  subdivision  or  any  rule  or  regulation
      thereunder shall not be deemed or construed as increasing or diminishing
      the rights or liability of any person, or other entity.