(a) Except as otherwise provided in subsections (b) and (c), if a
securities intermediary does not have sufficient interests in a
particular financial asset to satisfy both its obligations to
entitlement holders who have security entitlements to that financial
asset and its obligation to a creditor of the securities intermediary
who has a security interest in that financial asset, the claims of
entitlement holders, other than the creditor, have priority over the
claim of the creditor.
(b) A claim of a creditor of a securities intermediary who has a
security interest in a financial asset held by a securities intermediary
has priority over claims of the securities intermediary's entitlement
holders who have security entitlements with respect to that financial
asset if the creditor has control over the financial asset.
(c) If a clearing corporation does not have sufficient financial
assets to satisfy both its obligations to entitlement holders who have
security entitlements with respect to a financial asset and its
obligation to a creditor of the clearing corporation who has a security
interest in that financial asset, the claim of the creditor has priority
over the claims of entitlement holders.
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.