Ohio Revised Code
Chapter 1308 | Investment Securities
Section 1308.61 | Priority Among Security Interests and Entitlement Holders - Ucc 8-511.

Effective: January 1, 1998
Latest Legislation: House Bill 170 - 122nd General Assembly
(A) Except as otherwise provided in divisions (B) and (C) of this section, 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 Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1308 | Investment Securities

Section 1308.01 | Definitions - Ucc 8-102.

Section 1308.02 | Rules for Determining Whether Certain Obligations and Interests Are Securities or Financial Assets - Ucc 8-103.

Section 1308.03 | Overissue Defined - Effect - Ucc 8-210.

Section 1308.04 | Evidentiary Rules Concerning Certificate Securities - Ucc 8-114.

Section 1308.05 | Applicability - Choice of Law - Ucc 8-110.

Section 1308.06 | Clearing Corporation Rules - Ucc 8-111.

Section 1308.07 | Statute of Frauds Inapplicable - Ucc 8-113.

Section 1308.08 | Issuer - Ucc 8-201.

Section 1308.09 | Issuer's Responsibility and Defenses - Notice of Defect or Defense - Ucc 8-202.

Section 1308.10 | Staleness as Notice of Defect or Defense - Ucc 8-203.

Section 1308.11 | Effect of Issuer's Restriction on Transfer - Ucc 8-204 - Issuer's Lien - Ucc 8-209.

Section 1308.12 | Effect of Unauthorized Signature on Security Certificate - Ucc 8-205.

Section 1308.13 | Completion or Alteration of Security Certificate - Ucc 8-206.

Section 1308.14 | Rights and Duties of Issuer With Respect to Registered Owners - Ucc 8-207.

Section 1308.15 | Effect of Signature of Authenticating Trustee, Registrar, or Transfer Agent - Ucc 8-208.

Section 1308.16 | Rights of Purchaser - Ucc 8-302.

Section 1308.17 | Protected Purchaser - Ucc 8-303.

Section 1308.18 | Acquisition of Security or Financial Asset or Interest Therein - Ucc 8-104.

Section 1308.19 | Notice of Adverse Claim - Ucc 8-105.

Section 1308.20 | Warranties in Direct Holding - Ucc 8-108.

Section 1308.21 | Warranties in Indirect Holding - Ucc 8-109.

Section 1308.22 | Indorsement - Ucc 8-304.

Section 1308.23 | Whether Indorsement, Instruction, or Entitlement Order Is Effective - Ucc 8-107.

Section 1308.24 | Control - Ucc 8-106.

Section 1308.25 | Instruction - Ucc 8-305.

Section 1308.26 | Effect of Guaranteeing Signature, Indorsement, or Instruction - Ucc 8-306.

Section 1308.27 | Delivery - Ucc 8-301.

Section 1308.29 | Fulfilling Duty to Transfer.

Section 1308.30 | Wrongful Transfer of Security.

Section 1308.31 | Purchaser's Right to Requisites for Registration of Transfer - Ucc 8-307.

Section 1308.32 | Creditor's Legal Process - Ucc 8-112.

Section 1308.33 | Securities Intermediary and Others Not Liable to Adverse Claimant - Ucc 8-115 - Securities Intermediary as Purchaser for Value - Ucc 8-116.

Section 1308.37 | Duty of Issuer to Register Transfer - Ucc 8-401.

Section 1308.38 | Assurance That Indorsement or Instruction Is Effective - Ucc 8-402.

Section 1308.39 | Demand That Issuer Not Register Transfer - Ucc 8-403.

Section 1308.40 | Wrongful Registration - Ucc 8-404.

Section 1308.41 | Obligation to Notify Issuer of Lost, Destroyed or Wrongfully Taken Security Certificate - Ucc 8-406 - Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate - Ucc 8-405.

Section 1308.42 | Authenticating Trustee, Transfer Agent, and Registrar - Ucc 8-407.

Section 1308.51 | Securities Account - Acquisition of Security Entitlement From Securities Intermediary - Ucc 8-501.

Section 1308.52 | Assertion of Adverse Claim Against Entitlement Holder - Ucc 8-502.

Section 1308.53 | Property Interest of Entitlement Holder in Financial Asset Held by Securities Intermediary - Ucc 8-503.

Section 1308.54 | Duty of Securities Intermediary to Maintain Financial Asset - Ucc 8-504.

Section 1308.55 | Duty of Securities Intermediary With Respect to Payments and Distributions - Ucc 8-505.

Section 1308.56 | Duty of Securities Intermediary to Exercise Rights as Directed by Entitlement Holder - Ucc 8-506.

Section 1308.57 | Duty of Securities Intermediary to Comply With Entitlement Holder - Ucc 8-507.

Section 1308.58 | Duty of Securities Intermediary to Change Entitlement Holder's Position to Other Form of Security Holding - Ucc 8-508.

Section 1308.59 | Specification of Duties of Securities Intermediary by Other Statute or Regulation Manner of Performance of Duties of Securities Intermediary and Exercise of Rights of Entitlement Holder - Ucc 8-509.

Section 1308.60 | Rights of Purchaser of Security Entitlement From Entitlement Holder - Ucc 8-510.

Section 1308.61 | Priority Among Security Interests and Entitlement Holders - Ucc 8-511.