New Jersey Revised Statutes § 12a:8-504 - Duty Of Securities Intermediary To Maintain Financial Asset.

12A:8-504. Duty of Securities Intermediary to Maintain Financial Asset.

a. A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

b. Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection a. of this section.

c. A securities intermediary satisfies the duty in subsection a. of this section if:

(1) the securities intermediary acts with respect to the duty as agreed upon 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 obtain and maintain the financial asset.

d. This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.

L.1997,c.252,s.1.


Section: Previous  12a-8-404  12a-8-405  12a-8-406  12a-8-407  12a-8-501  12a-8-502  12a-8-503  12a-8-504  12a-8-505  12a-8-506  12a-8-507  12a-8-508  12a-8-509  12a-8-510  12a-8-511  Next

Last modified: October 11, 2016