Title 11, Chapter 8, Section 503
( 11-8-503)
Property interest of entitlement holder in financial asset held by securities intermediary. (a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in Code Section 11-8-511. (b) An entitlement holder's property interest with respect to a
particular financial asset under subsection (a) of this Code section
is a pro rata property interest in all interests in that financial
asset held by the securities intermediary, without regard to the
time the entitlement holder acquired the security entitlement or the
time the securities intermediary acquired the interest in that
financial asset. (c) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) of this Code section may be enforced against the securities intermediary only by exercise of the entitlement holder's rights under Code Sections 11-8-505 through 11-8-508. (d) An entitlement holder's property interest with respect to a
particular financial asset under subsection (a) of this Code section
may be enforced against a purchaser of the financial asset or
interest therein only if: (1) Insolvency proceedings have been initiated by or against the
securities intermediary; (2) The securities intermediary does not have sufficient interests
in the financial asset to satisfy the security entitlements of all
of its entitlement holders to that financial asset; (3) The securities intermediary violated its obligations under Code Section 11-8-504 by transferring the financial asset or interest therein to the purchaser; and (4) The purchaser is not protected under subsection (e) of this
Code section. The trustee or other liquidator, acting on behalf
of all entitlement holders having security entitlements with
respect to a particular financial asset, may recover the financial
asset, or interest therein, from the purchaser. If the trustee or
other liquidator elects not to pursue that right, an entitlement
holder whose security entitlement remains unsatisfied has the
right to recover its interest in the financial asset from the
purchaser. (e) An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection (a) of this Code section, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the securities intermediary's obligations under Code Section 11-8-504. |