Title 11, Chapter 9, Section 305
( 11-9-305)
Law governing perfection and priority of security interests in investment property. (a) Governing law; general rules. Except as otherwise provided in
subsection (c) of this Code section, the following rules apply: (1) While a security certificate is located in a jurisdiction, the
local law of that jurisdiction governs perfection, the effect of
perfection or nonperfection, and the priority of a security
interest in the certificated security represented thereby; (2) The local law of the issuer's jurisdiction as specified in subsection (d) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security; (3) The local law of the securities intermediary's jurisdiction as specified in subsection (e) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account; and (4) The local law of the commodity intermediary's jurisdiction
governs perfection, the effect of perfection or nonperfection, and
the priority of a security interest in a commodity contract or
commodity account. (b) Commodity intermediary's jurisdiction. The following rules
determine a commodity intermediary's jurisdiction for purposes of
this part: (1) If an agreement between the commodity intermediary and
commodity customer governing the commodity account expressly
provides that a particular jurisdiction is the commodity
intermediary's jurisdiction for purposes of this part, this
article, or this title, that jurisdiction is the commodity
intermediary's jurisdiction; (2) If paragraph (1) of this subsection does not apply and an
agreement between the commodity intermediary and commodity
customer governing the commodity account expressly provides that
the agreement is governed by the law of a particular jurisdiction,
that jurisdiction is the commodity intermediary's jurisdiction; (3) If neither paragraph (1) nor (2) of this subsection applies
and an agreement between the commodity intermediary and commodity
customer governing the commodity account expressly provides that
the commodity account is maintained at an office in a particular
jurisdiction, that jurisdiction is the commodity intermediary's
jurisdiction; (4) If none of the preceding paragraphs of this subsection
applies, the commodity intermediary's jurisdiction is the
jurisdiction in which the office identified in an account
statement as the office serving the commodity customer's account
is located; and (5) If none of the preceding paragraphs of this subsection
applies, the commodity intermediary's jurisdiction is the
jurisdiction in which the chief executive office of the commodity
intermediary is located. (c) When perfection governed by law of jurisdiction where debtor
located. The local law of the jurisdiction in which the debtor is
located governs: (1) Perfection of a security interest in investment property by
filing; (2) Automatic perfection of a security interest in investment
property created by a broker or securities intermediary; and (3) Automatic perfection of a security interest in a commodity
contract or commodity account created by a commodity intermediary. |