Title 11, Chapter 8, Section 511
( 11-8-511)
Priority among security interests and entitlement holders. (a) Except as otherwise provided in subsections (b) and (c) of this
Code section, 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. |