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URL:http://alisondb.legislature.state.al.us/alison/CodeOfAlabama
/1975/7-8-314.htm
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Modified:1998-01-30 12:02:54
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Title:7-8-314
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Body:Section 7-8-314

(Effective Until January 1, 1997) Duty to deliver, when completed.

(1) Unless otherwise agreed where a sale of a security is made on an exchange or otherwise through brokers:

(a) The selling customer fulfills his duty to deliver when he places such a security in the possession of the selling broker or of a person designated by the broker or if requested causes an acknowledgment to be made to the selling broker that it is held for him; and

(b) The selling broker including a correspondent broker acting for a selling customer fulfills his duty to deliver by placing the security or a like security in the possession of the buying broker or a person designated by him or by effecting clearance of the sale in accordance with the rules of the exchange on which the transaction took place.

(2) Except as otherwise provided in this section and unless otherwise agreed, a transferor's duty to deliver a security under a contract of purchase is not fulfilled until he places the security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated by him or at the purchaser's request causes an acknowledgment to be made to the purchaser that it is held for him. Unless made on an exchange a sale to a broker purchasing for his own account is within this subsection and not within subsection (1).

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