§ 6A-8-112. Creditor’s legal process.
(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.
(b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d).
(c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor’s securities account is maintained, except as otherwise provided in subsection (d).
(d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.
(e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.
History of Section.P.L. 2000, ch. 182, § 5; P.L. 2000, ch. 420, § 5.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-8 - Investment Securities
Part 1 - Short Title and General Matters
Section 6A-8-101. - Short title.
Section 6A-8-102. - Definitions.
Section 6A-8-104. - Acquisition of security or financial asset or interest therein.
Section 6A-8-105. - Notice of adverse claim.
Section 6A-8-107. - Whether indorsement, instruction, or entitlement order is effective.
Section 6A-8-108. - Warranties in direct holding.
Section 6A-8-109. - Warranties in indirect holding.
Section 6A-8-110. - Applicability — Choice of law.
Section 6A-8-111. - Clearing corporation rules.
Section 6A-8-112. - Creditor’s legal process.
Section 6A-8-113. - Statute of frauds inapplicable.
Section 6A-8-114. - Evidentiary rules concerning certificated securities.
Section 6A-8-115. - Securities intermediary and others not liable to adverse claimant.
Section 6A-8-116. - Securities intermediary as purchaser for value.