(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: 2001 Act No. 67, Section 5.
Structure South Carolina Code of Laws
Chapter 8 - Commercial Code - Investment Securities
Section 36-8-101. Short title.
Section 36-8-102. Definitions.
Section 36-8-104. Acquisition of security or financial asset or interest therein.
Section 36-8-105. Notice of adverse claim.
Section 36-8-107. Whether indorsement, instruction, or entitlement order is effective.
Section 36-8-108. Warranties in direct holding.
Section 36-8-109. Warranties in indirect holding.
Section 36-8-110. Applicability; choice of law.
Section 36-8-111. Clearing corporation rules.
Section 36-8-112. Creditor's legal process.
Section 36-8-113. Statute of frauds inapplicable.
Section 36-8-114. Evidentiary rules concerning certificated securities.
Section 36-8-115. Securities intermediary and others not liable to adverse claimant.
Section 36-8-116. Securities intermediary as purchaser for value.
Section 36-8-202. Issuer's responsibility and defenses; notice of defect or defense.
Section 36-8-203. Staleness as notice of defect or defense.
Section 36-8-204. Effect of issuer's restriction on transfer.
Section 36-8-205. Effect of unauthorized signature on security certificate.
Section 36-8-206. Completion or alteration of security certificate.
Section 36-8-207. Rights and duties of issuer with respect to registered owners.
Section 36-8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.
Section 36-8-209. Issuer's lien.
Section 36-8-302. Rights of purchaser.
Section 36-8-303. Protected purchaser.
Section 36-8-304. Indorsement.
Section 36-8-305. Instruction.
Section 36-8-306. Effect of guaranteeing signature, indorsement, or instruction.
Section 36-8-307. Registration of transfer of security; proof of authority to transfer.
Section 36-8-401. Duty of issuer to register transfer.
Section 36-8-402. Assurance that indorsement or instruction is effective.
Section 36-8-403. Demand that issuer not register transfer.
Section 36-8-404. Wrongful registration.
Section 36-8-405. Replacement of lost, destroyed, or wrongfully taken security certificate.
Section 36-8-407. Authenticating trustee, transfer agent, and registrar.
Section 36-8-502. Assertion of adverse claim against entitlement holder.
Section 36-8-504. Duty of securities intermediary to maintain financial asset.
Section 36-8-505. Duty of securities intermediary with respect to payments and distributions.
Section 36-8-507. Duty of securities intermediary to comply with entitlement order.
Section 36-8-510. Rights of purchaser of security entitlement from entitlement holder.
Section 36-8-511. Priority among security interests and entitlement holders.