(1) The instruction is made by an appropriate person, or if the instruction is by an agent, the agent has actual authority to act on behalf of the appropriate person;
(2) The security is valid;
(3) There is no adverse claim to the security; and
(4) At the time the instruction is presented to the issuer:
(1) The uncertificated security is valid;
(2) There is no adverse claim to the security;
(3) The transfer does not violate any restriction on transfer; and
(4) The transfer is otherwise effective and rightful.
(1) There is no adverse claim to the security; and
(2) The indorsement is effective.
(1) The instruction is effective; and
(2) At the time the instruction is presented to the issuer the purchaser will be entitled to the registration of transfer.
Source: L. 96: Entire article R&RE, p. 210, § 2, effective July 1.
Editor's note: This section is similar to former § 4-8-306 as it existed prior to 1996.
Definitional Cross References:
"Adverse claim". Section 8-102(a)(1)
"Appropriate person". Section 8-107
"Broker". Section 8-102(a)(3)
"Certificated security". Section 8-102(a)(4)
"Indorsement". Section 8-102(a)(11)
"Instruction". Section 8-102(a)(12)
"Issuer". Section 8-201
"Person". Section 1-201(30)
"Purchaser". Sections 1-201(33) & 8-116
"Secured party". Section 9-105(1)(m)
"Security". Section 8-102(a)(15)
"Security certificate". Section 8-102(a)(16)
"Uncertificated security". Section 8-102(a)(18)
"Value". Sections 1-201(44) & 8-116
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 8 - Investment Securities
Part 1 - Short Title and General Matters
§ 4-8-104. Acquisition of Security or Financial Asset or Interest Therein
§ 4-8-105. Notice of Adverse Claim
§ 4-8-107. Whether Indorsement, Instruction, or Entitlement Order Is Effective
§ 4-8-108. Warranties in Direct Holding
§ 4-8-109. Warranties in Indirect Holding
§ 4-8-110. Applicability - Choice of Law
§ 4-8-111. Clearing Corporation Rules
§ 4-8-112. Creditor's Legal Process
§ 4-8-113. Statute of Frauds Inapplicable
§ 4-8-114. Evidentiary Rules Concerning Certificated Securities
§ 4-8-115. Securities Intermediary and Others Not Liable to Adverse Claimant