§8-1109. 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 [PL 1997, c. 429, Pt. B, §2 (NEW).]
(b). There is no adverse claim to the security entitlement. [PL 1997, c. 429, Pt. B, §2 (NEW).]
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(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 8‑1108, subsection (1) or (2).
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(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 8‑1108, subsection (1) or (2).
[PL 1997, c. 429, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 429, §B2 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 8-A: INVESTMENT SECURITIES
Part 1: SHORT TITLE AND GENERAL MATTERS
11 §8-1104. Acquisition of security or financial asset or interest in a security or financial asset
11 §8-1105. Notice of adverse claim
11 §8-1107. Whether indorsement, instruction or entitlement order is effective
11 §8-1108. Warranties in direct holding
11 §8-1109. Warranties in indirect holding
11 §8-1110. Applicability; choice of law
11 §8-1111. Clearing corporation rules
11 §8-1112. Creditor's legal process
11 §8-1113. Statute of frauds inapplicable
11 §8-1114. Evidentiary rules concerning certificated securities
11 §8-1115. Securities intermediary and others not liable to adverse claimant