28-8-109. WARRANTIES IN INDIRECT HOLDING. (1) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:
(a) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and
(b) There is no adverse claim to the security entitlement.
(2) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in section 28-8-108(1) or (2).
(3) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in section 28-8-108(1) or (2).
History:
[28-8-109, added 1995, ch. 272, sec. 2, p. 882.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 8 - INVESTMENT SECURITIES
Part 1 - SHORT TITLE AND GENERAL MATTERS
Section 28-8-101 - SHORT TITLE.
Section 28-8-102 - DEFINITIONS.
Section 28-8-104 - ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN.
Section 28-8-105 - NOTICE OF ADVERSE CLAIM.
Section 28-8-107 - WHETHER INDORSEMENT, INSTRUCTION OR ENTITLEMENT ORDER IS EFFECTIVE.
Section 28-8-108 - WARRANTIES IN DIRECT HOLDING.
Section 28-8-109 - WARRANTIES IN INDIRECT HOLDING.
Section 28-8-110 - APPLICABILITY AND CHOICE OF LAW.
Section 28-8-111 - CLEARING CORPORATION RULES.
Section 28-8-112 - CREDITOR’S LEGAL PROCESS.
Section 28-8-113 - STATUTE OF FRAUDS INAPPLICABLE.
Section 28-8-114 - EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES.
Section 28-8-115 - SECURITIES INTERMEDIARY AND OTHERS NOT LIABLE TO ADVERSE CLAIMANT.
Section 28-8-116 - SECURITIES INTERMEDIARY AS PURCHASER FOR VALUE.