TITLE 6A
Uniform Commercial Code
CHAPTER 6A-8
Investment Securities
PART 6A-8-501
Security Entitlements
SECTION 6A-8-511
§ 6A-8-511 Priority among security
interests and entitlement holders.
(a) Except as otherwise provided in subsections (b) and (c), if a securities
intermediary does not have sufficient interests in a particular financial asset
to satisfy both its obligations to entitlement holders who have security
entitlements to that financial asset and its obligation to a creditor of the
securities intermediary who has a security interest in that financial asset,
the claims of entitlement holders, other than the creditor, have priority over
the claim of the creditor.
(b) A claim of a creditor of a securities intermediary who
has a security interest in a financial asset held by a securities intermediary
has priority over claims of the securities intermediary's entitlement holders
who have security entitlements with respect to that financial asset if the
creditor has control over the financial asset.
(c) If a clearing corporation does not have sufficient
financial assets to satisfy both its obligations to entitlement holders who
have security entitlements with respect to a financial asset and its obligation
to a creditor of the clearing corporation who has a security interest in that
financial asset, the claim of the creditor has priority over the claims of
entitlement holders.
History of Section.
(P.L. 2000, ch. 182, § 5; P.L. 2000, ch. 420, § 5.)