Title 11, Chapter 8, Section 504
( 11-8-504)
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 Code section. (c) A securities intermediary satisfies the duty in subsection (a)
of this Code 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 Code 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. |