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Art. 4342.Bonds and Stocks

Book VII. Special Proceedings · Title VI. Tutorship · Chapter 9. Alienation of Minor's Property · Last amended 1962 · Last verified July 30, 2026

In one sentenceArticle 4342 lets a tutor sell a minor's bonds and stocks at prevailing market rates once the court, after compliance with Article 4271, has authorized the sale, treating the tutor's endorsement together with a certified copy of the court order as sufficient warrant to transfer the securities.

Full Text of Art. 4342

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A tutor may sell bonds and stocks of the minor at rates prevailing in the open market, after compliance with Article 4271, by obtaining a court order authorizing the sale. The endorsement of the tutor and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.

Amendment History

Amended by Acts 1962, No. 92, §1.

Plain-English Summary

Bonds and stocks trade on an established market with a publicly observable price, unlike a house or a business interest that may need individualized appraisal and negotiation. Article 4342 recognizes that difference and gives selling a minor's securities a lighter procedural footprint than the detailed petition Article 4341 requires for a typical private sale.

A tutor may sell the minor's bonds and stocks at the rates prevailing in the open market once the court, after the tutor complies with Article 4271, has authorized the sale. Because the market itself sets the price, the petition does not need to negotiate and justify a specific figure the way an ordinary private-sale petition would; the going market rate does that work.

Article 4342 also simplifies the mechanics of the transfer itself. Rather than requiring a separate deed or complex conveyance instrument, the tutor's endorsement combined with a certified copy of the court order authorizing the sale is sufficient warrant for the transfer -- paperwork a transfer agent or brokerage can act on directly, consistent with how securities ordinarily change hands.

Frequently Asked Questions

Can a tutor sell a minor's stocks and bonds without a detailed sale petition?

The court order authorizing the sale still requires compliance with Article 4271, but Article 4342 does not demand the price-and-conditions detail Article 4341 requires for an ordinary private sale, since the sale happens at prevailing market rates.

What does a tutor need to transfer a minor's securities after a court authorizes the sale?

The tutor's endorsement together with a certified copy of the court order authorizing the sale is sufficient warrant for the transfer.

At what price can a tutor sell a minor's bonds and stocks?

At the rates prevailing in the open market at the time of sale, rather than a fixed price negotiated in advance and stated in the petition.

Why does Louisiana treat the sale of securities differently from other private sales?

Because bonds and stocks trade at an observable market price, the safeguards built for negotiated, individually priced property are less necessary, allowing Article 4342 to streamline both the authorization and the transfer.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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