Legislation
SECTION 8-115
Securities Intermediary and Others Not Liable to Adverse Claimant
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 8, PART 1
Section 8--115. Securities Intermediary and Others Not Liable to Adverse
Claimant.
A securities intermediary that has transferred a financial asset
pursuant to an effective entitlement order, or a broker or other agent
or bailee that has dealt with a financial asset at the direction of its
customer or principal, is not liable to a person having an adverse claim
to the financial asset, unless the securities intermediary, or broker or
other agent or bailee:
(1) took the action after it had been served with an injunction,
restraining order, or other legal process enjoining it from doing so,
issued by a court of competent jurisdiction, and had a reasonable
opportunity to act on the injunction, restraining order, or other legal
process; or
(2) acted in collusion with the wrongdoer in violating the rights of
the adverse claimant; or
(3) in the case of a security certificate that has been stolen, acted
with notice of the adverse claim.
Claimant.
A securities intermediary that has transferred a financial asset
pursuant to an effective entitlement order, or a broker or other agent
or bailee that has dealt with a financial asset at the direction of its
customer or principal, is not liable to a person having an adverse claim
to the financial asset, unless the securities intermediary, or broker or
other agent or bailee:
(1) took the action after it had been served with an injunction,
restraining order, or other legal process enjoining it from doing so,
issued by a court of competent jurisdiction, and had a reasonable
opportunity to act on the injunction, restraining order, or other legal
process; or
(2) acted in collusion with the wrongdoer in violating the rights of
the adverse claimant; or
(3) in the case of a security certificate that has been stolen, acted
with notice of the adverse claim.