47-8509. Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder
A. If the substance of a duty imposed upon a securities intermediary by sections 47-8504 through 47-8508 is the subject of other statute, regulation or rule, compliance with that statute, regulation or rule satisfies the duty.
B. To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner.
C. The obligation of a securities intermediary to perform the duties imposed by sections 47-8504 through 47-8508 is subject to:
1. Rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and
2. Rights of the securities intermediary under other law, regulation, rule or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary.
D. Sections 47-8504 through 47-8508 do not require a securities intermediary to take any action that is prohibited by other statute, regulation or rule.
Section: Previous 47-8502 47-8503 47-8504 47-8505 47-8506 47-8507 47-8508 47-8509 47-8510 47-8511 47-9101 47-9102 47-9103 47-9104 47-9105 NextLast modified: October 13, 2016