(a) A securities intermediary shall promptly obtain and thereafter
maintain a financial asset in a quantity corresponding to the aggregate
of all security entitlements it has established in favor of its
entitlement holders with respect to that financial asset. The securities
intermediary may maintain those financial assets directly or through one
or more other securities intermediaries.
(b) Except to the extent otherwise agreed by its entitlement holder, a
securities intermediary may not grant any security interests in a
financial asset it is obligated to maintain pursuant to subsection (a).
(c) A securities intermediary satisfies the duty in subsection (a) if:
(1) the securities intermediary acts with respect to the duty as
agreed upon by the entitlement holder and the securities
intermediary; or
(2) in the absence of agreement, the securities intermediary
exercises due care in accordance with reasonable commercial
standards to obtain and maintain the financial asset.
(d) This section does not apply to a clearing corporation that is
itself the obligor of an option or similar obligation to which its
entitlement holders have security entitlements.
Structure New York Laws
Article 8 - Investment Securities
8-401 - Duty of Issuer to Register Transfer.
8-402 - Assurance That Indorsement or Instruction Is Effective.
8-403 - Demand That Issuer Not Register Transfer.
8-404 - Wrongful Registration.
8-405 - Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate.
8-406 - Obligation to Notify Issuer of Lost, Destroyed, or Wrongfully Taken Security Certificate.
8-407 - Authenticating Trustee, Transfer Agent, and Registrar.
8-501 - Securities Account; Acquisition of Security Entitlement From Securities Intermediary.
8-502 - Assertion of Adverse Claim Against Entitlement Holder.
8-503 - Property Interest of Entitlement Holder in Financial Asset Held by Securities Intermediary.
8-504 - Duty of Securities Intermediary to Maintain Financial Asset.
8-505 - Duty of Securities Intermediary With Respect to Payments and Distributions.
8-506 - Duty of Securities Intermediary to Exercise Rights as Directed by Entitlement Holder.
8-507 - Duties of Securities Intermediary to Comply With Entitlement Order.
8-510 - Rights of Purchaser of Security Entitlement From Entitlement Holder.
8-511 - Priority Among Security Interests and Entitlement Holders.
8-601 - Savings Clause; Effect on Prior Perfected Security Interest.
8-602 - Cross-References to Former Article 8; Meaning or Interpretation.