RCW 62A.8-510
Rights of purchaser of security entitlement from entitlement holder.
(1) In a case not covered by the priority rules in Article 9A or the rules stated in subsection (3) of this section, an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim, and obtains control.
(2) If an adverse claim could not have been asserted against an entitlement holder under RCW 62A.8-502, the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder.
(3) In a case not covered by the priority rules in Article 9A, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Except as otherwise provided in subsection (4) of this section, purchasers who have control rank according to priority in time of:
(a) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under RCW 62A.8-106(4)(a);
(b) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under RCW 62A.8-106(4)(b); or
(c) If the purchaser obtained control through another person under RCW 62A.8-106(4)(c), the time on which priority would be based under this subsection if the other person were the secured party.
(4) A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary.
[ 2001 c 32 § 15; 2000 c 250 § 9A-820; 1995 c 48 § 50.]
NOTES:
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
Structure Revised Code of Washington
Title 62A - Uniform Commercial Code
Chapter 62A.8 - Investment Securities.
62A.8-104 - Acquisition of security or financial asset or interest therein.
62A.8-105 - Notice of adverse claim.
62A.8-107 - Whether indorsement, instruction, or entitlement is effective.
62A.8-108 - Warranties in direct holding.
62A.8-109 - Warranties in indirect holding.
62A.8-110 - Applicability; choice of law.
62A.8-111 - Clearing corporation rules.
62A.8-112 - Creditor's legal process.
62A.8-113 - Statute of frauds inapplicable.
62A.8-114 - Evidentiary rules concerning certificated securities.
62A.8-115 - Securities intermediary and others not liable to adverse claimant.
62A.8-116 - Securities intermediary as purchaser for value.
62A.8-202 - Issuer's responsibility and defenses; notice of defect or defense.
62A.8-203 - Staleness as notice of defect or defense.
62A.8-204 - Effect of issuer's restrictions on transfer.
62A.8-205 - Effect of unauthorized signature on security certificate.
62A.8-206 - Completion or alteration of security certificate.
62A.8-207 - Rights and duties of issuer with respect to registered owners.
62A.8-208 - Effect of signature of authenticating trustee, registrar, or transfer agent.
62A.8-302 - Rights of purchaser.
62A.8-303 - Protected purchaser.
62A.8-306 - Effect of guaranteeing signature, indorsement, or instruction.
62A.8-307 - Purchaser's right to requisites for registration of transfer.
62A.8-401 - Duty of issuer to register transfer.
62A.8-402 - Assurance that indorsement or instruction is effective.
62A.8-403 - Demand that issuer not register transfer.
62A.8-404 - Wrongful registration.
62A.8-405 - Replacement of lost, destroyed, or wrongfully taken security certificate.
62A.8-407 - Authenticating trustee, transfer agent, and registrar.
62A.8-501 - Securities account; acquisition of security entitlement from securities intermediary.
62A.8-502 - Assertion of adverse claim against entitlement holder.
62A.8-504 - Duty of securities intermediary to maintain financial asset.
62A.8-505 - Duty of securities intermediary with respect to payments and distributions.
62A.8-506 - Duty of securities intermediary to exercise rights as directed by entitlement holder.
62A.8-507 - Duty of securities intermediary to comply with entitlement order.
62A.8-510 - Rights of purchaser of security entitlement from entitlement holder.
62A.8-511 - Priority among security interests and entitlement holders.