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URL:http://alisondb.legislature.state.al.us/alison/CodeOfAlabama
/1975/7-8-313.htm
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Size:1,898 bytes
Modified:1998-01-30 12:02:46
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Title:7-8-313
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Body:Section 7-8-313

(Effective Until January 1, 1997) When delivery to the purchaser occurs; purchaser's broker as holder.

(1) Delivery to a purchaser occurs when:

(a) He or a person designated by him acquires possession of a security; or

(b) His broker acquires possession of a security specially indorsed to or issued in the name of the purchaser; or

(c) His broker sends him confirmation of the purchase and also by book entry or otherwise identifies a specific security in the broker's possession as belonging to the purchaser; or

(d) With respect to an identified security to be delivered while still in the possession of a third person when that person acknowledges that he holds for the purchaser; or

(e) Appropriate entries on the books of a clearing corporation are made under Section 7-8-320.

(2) The purchaser is the owner of a security held for him by his broker, but is not the holder except as specified in subparagraphs (b), (c) and (e) of subsection (1). Where a security is part of a fungible bulk the purchaser is the owner of a proportionate property interest in the fungible bulk.

(3) Notice of an adverse claim received by the broker or by the purchaser after the broker takes delivery as a holder for value is not effective either as to the broker or as to the purchaser. However, as between the broker and the purchaser the purchaser may demand delivery of an equivalent security as to which no notice of an adverse claim has been received.

(Acts 1965, No. 549, p. 811.)