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§12A-8-504.
§12A-8-504.
Duty of Securities Intermediary to Maintain Financial Asset.
(a) A securities intermediary shall promptly obtain and thereafter
maintain a financial asset in a quantity corresponding to the
aggregate of all security entitlements it has established in favor of
its entitlement holders with respect to that financial asset. The
securities intermediary may maintain those financial assets directly
or through one or more other securities intermediaries.
(b) Except to the extent otherwise agreed by its entitlement holder, a
securities intermediary may not grant any security interests in a
financial asset it is obligated to maintain pursuant to subsection (a)
of this section.
(c) A securities intermediary satisfies the duty in subsection (a) of
this section if:
(1) the securities intermediary acts with respect to the duty as
agreed upon by the entitlement holder and the securities intermediary;
or
(2) in the absence of agreement, the securities intermediary exercises
due care in accordance with reasonable commercial standards to obtain
and maintain the financial asset.
(d) This section does not apply to a clearing corporation that is
itself the obligor of an option or similar obligation to which its
entitlement holders have security entitlements.
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