Sec. 8.507. DUTY OF SECURITIES INTERMEDIARY TO COMPLY WITH ENTITLEMENT ORDER. (a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if:
(1) the securities intermediary acts with respect to the duty as agreed on 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 comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages.
Added by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 8 - Investment Securities
Subchapter E. Security Entitlements
Section 8.501. Securities Account; Acquisition of Security Entitlement From Securities Intermediary
Section 8.502. Assertion of Adverse Claim Against Entitlement Holder
Section 8.504. Duty of Securities Intermediary to Maintain Financial Asset
Section 8.505. Duty of Securities Intermediary With Respect to Payments and Distributions
Section 8.506. Duty of Securities Intermediary to Exercise Rights as Directed by Entitlement Holder
Section 8.507. Duty of Securities Intermediary to Comply With Entitlement Order
Section 8.510. Rights of Purchaser of Security Entitlement From Entitlement Holder
Section 8.511. Priority Among Security Interests and Entitlement Holders