Sec. 8112.
(1) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (4). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.
(2) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (4).
(3) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (4).
(4) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.
(5) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.
History: Add. 1998, Act 278, Imd. Eff. July 27, 1998
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 8 - Investment Securities (440.8101...440.8601)
174-1962-8-1 - Part 1 Short Title and General Matters (440.8101...440.8116)
Section 440.8101 - Uniform Commercial Code—investment Securities; Cited As.
Section 440.8102 - Definitions.
Section 440.8105 - Notice of Adverse Claim.
Section 440.8108 - Warranty to Purchaser.
Section 440.8109 - Warranty to Securities Intermediary.
Section 440.8110 - Jurisdiction.
Section 440.8111 - Rule Adopted by Clearing Corporation; Effect.
Section 440.8112 - Reaching Interest of Debtor.
Section 440.8113 - Sale or Purchase of Security; Enforcement of Contract or Contract Modification.
Section 440.8114 - Action on Certificated Security Against Issuer; Rules.