(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) of this section. 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) of this section.
(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) of this section.
(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.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 8. Investment Securities
§46-8-104. Acquisition of Security or Financial Asset or Interest Therein
§46-8-105. Notice of Adverse Claim
§46-8-107. Whether Indorsement, Instruction or Entitlement Order Is Effective
§46-8-108. Warranties in Direct Holding
§46-8-109. Warranties in Indirect Holding
§46-8-110. Applicability; Choice of Law
§46-8-111. Clearing Corporation Rules
§46-8-112. Creditor's Legal Process
§46-8-113. Statute of Frauds Inapplicable
§46-8-114. Evidentiary Rules Concerning Certificated Securities
§46-8-115. Securities Intermediary and Others Not Liable to Adverse Claimant
§46-8-116. Securities Intermediary as Purchaser for Value
§46-8-202. Issuer's Responsibility and Defenses; Notice of Defect or Defense
§46-8-203. Staleness as Notice of Defect or Defense
§46-8-204. Effect of Issuer's Restriction on Transfer
§46-8-205. Effect of Unauthorized Signature on Security Certificate
§46-8-206. Completion or Alteration of Security Certificate
§46-8-207. Rights and Duties of Issuer With Respect to Registered Owners
§46-8-208. Effect of Signature of Authenticating Trustee, Registrar, or Transfer Agent
§46-8-302. Rights of Purchaser
§46-8-303. Protected Purchaser
§46-8-306. Effect of Guaranteeing Signature, Indorsement, or Instruction
§46-8-307. Purchaser's Right to Requisites for Registration of Transfer
§46-8-401. Duty of Issuer to Register Transfer
§46-8-402. Assurance That Indorsement or Instruction Is Effective
§46-8-403. Demand That Issuer Not Register Transfer
§46-8-404. Wrongful Registration
§46-8-405. Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate
§46-8-406. Obligation to Notify Issuer of Lost, Destroyed, or Wrongfully Taken Security Certificate
§46-8-407. Authenticating Trustee, Transfer Agent and Registrar
§46-8-501. Securities Account; Acquisition of Security Entitlement From Securities Intermediary
§46-8-502. Assertion of Adverse Claim Against Entitlement Holder
§46-8-504. Duty of Securities Intermediary to Maintain Financial Asset
§46-8-505. Duty of Securities Intermediary With Respect to Payments and Distributions
§46-8-506. Duty of Securities Intermediary to Exercise Rights as Directed by Entitlement Holder
§46-8-507. Duty of Securities Intermediary to Comply With Entitlement Order
§46-8-510. Rights of Purchaser of Security Entitlement From Entitlement Holder
§46-8-511. Priority Among Security Interests and Entitlement Holders