25-8-507. Duty of securities intermediary to comply with entitlement order.
(a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty 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 comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. (1997-181, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 8 - Investment Securities.
§ 25-8-104 - Acquisition of security or financial asset or interest therein.
§ 25-8-105 - Notice of adverse claim.
§ 25-8-107 - Whether indorsement, instruction, or entitlement order is effective.
§ 25-8-108 - Warranties in direct holding.
§ 25-8-109 - Warranties in indirect holding.
§ 25-8-110 - Applicability; choice of law.
§ 25-8-111 - Clearing corporation rules.
§ 25-8-112 - Creditor's legal process.
§ 25-8-113 - Statute of frauds inapplicable.
§ 25-8-114 - Evidentiary rules concerning certificated securities.
§ 25-8-115 - Securities intermediary and others not liable to adverse claimant.
§ 25-8-116 - Securities intermediary as purchaser for value.
§ 25-8-202 - Issuer's responsibility and defenses; notice of defect or defense.
§ 25-8-203 - Staleness as notice of defect or defense.
§ 25-8-204 - Effect of issuer's restriction on transfer.
§ 25-8-205 - Effect of unauthorized signature on security certificate.
§ 25-8-206 - Completion of alteration of security certificate.
§ 25-8-207 - Rights and duties of issuer with respect to registered owners.
§ 25-8-208 - Effect of signature of authenticating trustee, registrar, or transfer agent.
§ 25-8-302 - Rights of purchaser.
§ 25-8-303 - Protected purchaser.
§ 25-8-306 - Effect of guaranteeing signature, indorsement, or instruction.
§ 25-8-307 - Purchaser's right to requisites for registration of transfer.
§ 25-8-401 - Duty of issuer to register transfer.
§ 25-8-402 - Assurance that indorsement or instruction is effective.
§ 25-8-403 - Demand that issuer not register transfer.
§ 25-8-404 - Wrongful registration.
§ 25-8-405 - Replacement of lost, destroyed, or wrongfully taken security certificate.
§ 25-8-407 - Authenticating trustee, transfer agent, and registrar.
§ 25-8-501 - Securities account; acquisition of security entitlement from securities intermediary.
§ 25-8-502 - Assertion of adverse claim against entitlement holder.
§ 25-8-504 - Duty of securities intermediary to maintain financial asset.
§ 25-8-505 - Duty of securities intermediary with respect to payments and distributions.
§ 25-8-506 - Duty of securities intermediary to exercise rights as directed by entitlement holder.
§ 25-8-507 - Duty of securities intermediary to comply with entitlement order.
§ 25-8-510 - Rights of purchaser of security entitlement from entitlement holder.
§ 25-8-511 - Priority among security interests and entitlement holders.