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§12A-9-116.
§12A-9-116.
Security Interest Arising in Purchase or Delivery of Financial Asset.
(1) If a person buys a financial asset through a securities
intermediary in a transaction in which the buyer is obligated to pay
the purchase price to the securities intermediary at the time of the
purchase, and the securities intermediary credits the financial asset
to the buyer's securities account before the buyer pays the securities
intermediary, the securities intermediary has a security interest in
the buyer's security entitlement securing the buyer's obligation to
pay. A security agreement is not required for attachment or
enforceability of the security interest, and the security interest is
automatically perfected.
(2) If a certificated security, or other financial asset represented
by a writing which in the ordinary course of business is transferred
by delivery with any necessary indorsement or assignment is delivered
pursuant to an agreement between persons in the business of dealing
with such securities or financial assets and the agreement calls for
delivery versus payment, the person delivering the certificate or
other financial asset has a security interest in the certificated
security or other financial asset securing the seller's right to
receive payment. A security agreement is not required for attachment
or enforceability of the security interest and the security interest
is automatically perfected.
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