§490:8-509 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 490:8-504 to 490:8-508 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 490:8-504 to 490:8-508 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 490:8-504 to 490:8-508 do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule. [L 1997, c 33, pt of §2]
Section: Previous 490-8-502 490-8-503 490-8-504 490-8-505 490-8-506 490-8-507 490-8-508 490-8-509 490-8-510 490-8-511 490-9-101-to-490-9-507 490-9-102 490-9-103 490-9-104 490-9-105 NextLast modified: October 27, 2016