§ 6A-8-504. Duty of securities intermediary to maintain financial asset.
(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.
(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (a).
(c) A securities intermediary satisfies the duty in subsection (a) 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 obtain and maintain the financial asset.
(d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.
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 5 - Security Entitlements
Section 6A-8-502. - Assertion of adverse claim against entitlement holder.
Section 6A-8-504. - Duty of securities intermediary to maintain financial asset.
Section 6A-8-505. - Duty of securities intermediary with respect to payments and distributions.
Section 6A-8-507. - Duty of securities intermediary to comply with entitlement order.
Section 6A-8-510. - Rights of purchaser of security entitlement from entitlement holder.
Section 6A-8-511. - Priority among security interests and entitlement holders.