Power of fiduciary to employ a broker-dealer as custodian · as in force on May 31, 2026
§ 11-1.10 Power of fiduciary to employ a broker-dealer as custodian
Notwithstanding any other provision of law any fiduciary (as defined in section 1-2.7 or 11-1.1 (a) (3)) is authorized: (1) to employ any broker-dealer which is registered with the Securities and Exchange Commission and the department of law of the state of New York (referred to in this section as "broker") as a custodian for a fiduciary of any stock or other securities (referred to in this section as "securities"); (2) to register such securities in the name of such broker. Such broker shall have the same power and shall be subject to the same restrictions with respect to the treatment of such securities as any bank or trust company acting as a custodian for a fiduciary and such securities shall be subject to the same treatment as securities held by such a custodian for a fiduciary as provided in sections 11-1.1 (b) (9) (10), 11-1.6, 11-1.8, and 11-1.9 of this part. Any such securities held by a broker in which the broker does not have a lien for indebtedness due to it from the estate or trust may not be pledged, lent, hypothecated or disposed of except upon the specific instruction of the fiduciary.
Notwithstanding any other law, any fiduciary (as defined in section 1-2.7 or 11-1.1(a)(3)) may (1) employ a broker-dealer registered with the SEC and the New York department of law as custodian of securities and (2) register the securities in the broker's name. ★ The broker has the same powers and restrictions as a bank or trust company custodian, and the securities get the same treatment as under sections 11-1.1(b)(9) and (10), 11-1.6, 11-1.8 and 11-1.9. Securities on which the broker holds no lien for a debt the estate or trust owes it may not be pledged, lent, hypothecated or disposed of except on the fiduciary's specific instruction. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.