The fact that UBS provides interim custody to consumers in normal transactions, based on profit and standard form contracts that it develops and presents to potential customers at signing, is fairly inferred from the protocol and, at least in part, recognized. See Quinton/. Gavin, 64 Mass. App. Ct. 792, 799, 835 N.E.2d 1124 (2005) (2005) (agents are subject to liability of approximately 93A when services have been provided “to the public properly” and not for private purposes). In the standard Cra form (as it appeared in 2008), UBS promises the consumer account holder that the IRA will be transferred to a designated beneficiary or beneficiary in the event of the death of the account holder. This promise is a decisive practical element of the IRA administrator`s contractual performance, given that a significant balance may remain on the death of the account holder or that the administration of the IRA by an account holder may have been guided by a broader succession planning strategy to maximize assets transferred outside the estate. Sterk – Leslie, supra at 175-176.
UBS does not have to charge a specific fee for this postmortem asset distribution for its performance “in a commercial context” as this service is part of a set of contractual services that UBS performs as a custodian of the IRA for a regular fee. Given New York`s legal choice in the cracking and detention agreement, UBS would reasonably have foreseen that the New York (not Massachusetts) law would apply to any challenge to the designation of beneficiaries. New York law also clearly requires that any change in the beneficiary`s designation for non-probats assets be signed in writing and by the account holder and, in addition, made in accordance with the rules imposed by the asset manager. N.Y. East. Powers – Trusts Law nr. 13-3.2 (e) (McKinney) (“Designation of a beneficiary to obtain payment after the death of the person making the designation … signed and signed by the person making the designation and “in accordance with the rules governing the asset regime in question.” New York law also provides that the beneficiary`s property rights are not “compromised or defeated by a law or legal standard governing the transfer of property by will, gift or intestinal wine.” N.Y. East.
Powers – Trusts Law nr. 13-3.2 (a) (McKinney).——– To verify, we conclude that there is no plausible right to a breach of the trust obligation, but the alleged facts support the assertion that UBS`s conduct is contrary to UBS`s conduct of c. 93A. In particular, we believe that the administrator of a non-discretionary IRA does not entrust fiduciary duty to a designated ira beneficiary if no specific agreement or circumstances enhances his or her consumer relationship, which does not support registration. We also consider that the interactions between the commercial administrator of a non-separating IRA and a designated beneficiary of that IRA take place in a commercial context within the meaning of approximately 93A and that UBS`s prejudicial conduct relied on here constitutes a plausible violation of approximately 93A. We therefore confirm the Supreme Court judge`s decision on the breach of the duty of trust and the decision on the violation of approximately 93A. 1. History of the IRA. This litigation in this sector of the consumer financial services sector, which deals with the sale, maintenance and post-mortem transmission of IRAs.
IRAs are a widespread type of tax accounts that encourage individuals to accumulate old-age savings. See Clark v. Rameker, 573 U.S. 122, 124-125, 128, 134 P.C. 2242, 189 L.Ed.2d 157 (2014); Investment Company Institute, Investment Company Fact Book 172 (59th edition 2019), www.ici.org/pdf/2019_factbook.pdf [perma.cc/TX83-JFYP]. In 1974, Congress for the first time adopted the legal framework for IRAs to provide workers with tax-deferred savings without access to an employer-sponsored pension plan. Congressional Research Service, Traditional and Roth Individual Retirement Accounts (IRAs): A Primer 1 (updated May 11, 2018).