Legislation
SECTION 8-507
Duty of Securities Intermediary to comply with Entitlement Order
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 8, PART 5
Section 8--507. Duty of Securities Intermediary to comply with
Entitlement Order.
(a) A securities intermediary shall comply with an entitlement order
if the entitlement order is originated by the appropriate person, the
securities intermediary has had reasonable opportunity to assure itself
that the entitlement order is genuine and authorized, and the securities
intermediary has had reasonable opportunity to comply with the
entitlement order. A securities intermediary satisfies the duty 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 comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant
to an ineffective entitlement order, the securities intermediary shall
reestablish a security entitlement in favor of the person entitled to
it, and pay or credit any payments or distributions that the person did
not receive as a result of the wrongful transfer. If the securities
intermediary does not reestablish a security entitlement, the securities
intermediary is liable to the entitlement holder for damages.
Entitlement Order.
(a) A securities intermediary shall comply with an entitlement order
if the entitlement order is originated by the appropriate person, the
securities intermediary has had reasonable opportunity to assure itself
that the entitlement order is genuine and authorized, and the securities
intermediary has had reasonable opportunity to comply with the
entitlement order. A securities intermediary satisfies the duty 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 comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant
to an ineffective entitlement order, the securities intermediary shall
reestablish a security entitlement in favor of the person entitled to
it, and pay or credit any payments or distributions that the person did
not receive as a result of the wrongful transfer. If the securities
intermediary does not reestablish a security entitlement, the securities
intermediary is liable to the entitlement holder for damages.