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§12A-8-503.
§12A-8-503.
Property Interest of Entitlement Holder in Financial Asset Held by
Securities Intermediary.
(a) To the extent necessary for a securities intermediary to satisfy
all security entitlements with respect to a particular financial
asset, all interests in that financial asset held by the securities
intermediary are held by the securities intermediary for the
entitlement holders, are not property of the securities intermediary,
and are not subject to claims of creditors of the securities
intermediary, except as otherwise provided in Section 8-511 of this
title.
(b) An entitlement holder's property interest with respect to a
particular financial asset under subsection (a) of this section is a
pro rata property interest in all interests in that financial asset
held by the securities intermediary, without regard to the time the
entitlement holder acquired the security entitlement or the time the
securities intermediary acquired the interest in that financial asset.
(c) An entitlement holder's property interest with respect to a
particular financial asset under subsection (a) of this section may be
enforced against the securities intermediary only by exercise of the
entitlement holder's rights under Sections 8-505 through 8-508 of this
title.
(d) An entitlement holder's property interest with respect to a
particular financial asset under subsection (a) of this section may be
enforced against a purchaser of the financial asset or interest
therein only if:
(1) insolvency proceedings have been initiated by or against the
securities intermediary;
(2) the securities intermediary does not have sufficient interests in
the financial asset to satisfy the security entitlements of all of its
entitlement holders to that financial asset;
(3) the securities intermediary violated its obligations under Section
8-504 of this title by transferring the financial asset or interest
therein to the purchaser; and
(4) the purchaser is not protected under subsection (e) of this
section.
The trustee or other liquidator, acting on behalf of all entitlement
holders having security entitlements with respect to a particular
financial asset, may recover the financial asset, or interest therein,
from the purchaser. If the trustee or other liquidator elects not to
pursue that right, an entitlement holder whose security entitlement
remains unsatisfied has the right to recover its interest in the
financial asset from the purchaser.
(e) An action based on the entitlement holder's property interest with
respect to a particular financial asset under subsection (a) of this
section, whether framed in conversion, replevin, constructive trust,
equitable lien, or other theory, may not be asserted against any
purchaser of a financial asset or interest therein who gives value,
obtains control, and does not act in collusion with the securities
intermediary in violating the securities intermediary's obligations
under Section 8-504 of this title.
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