7-8-510
Section 7-8-510 Rights of purchaser of security entitlement from entitlement holder. (a) In
a case not covered by the priority rules in Article 9A or the rules stated in subsection (c),
an action based on an adverse claim to a financial asset or security entitlement, whether
framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not
be asserted against a person who purchases a security entitlement, or an interest therein,
from an entitlement holder if the purchaser gives value, does not have notice of the adverse
claim, and obtains control. (b) If an adverse claim could not have been asserted against an
entitlement holder under Section 7-8-502, the adverse claim cannot be asserted against a person
who purchases a security entitlement, or an interest therein, from the entitlement holder.
(c) In a case not covered by the priority rules in Article 9A, a purchaser for value of a
security entitlement, or an interest therein, who obtains control has priority...
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7-9-116
Section 7-9-116 Security interest arising in purchase or delivery of financial asset. Repealed
by Act 2001-481, p. 647, § 4, effective January 1, 2002. (Acts 1996, No. 96-742, p. 1241,
§3.)...
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41-9-219.3
Section 41-9-219.3 Application for designation as a qualified equity investment. (a) A qualified
community development entity that seeks to have an equity investment or long-term debt security
designated as a qualified equity investment and eligible for tax credits under this article
shall apply to the department. The qualified community development entity shall submit an
application on a form that the department provides that includes all of the following: (1)
The name, address, tax identification number of the entity, and evidence of the entity's certification
as a qualified community development entity. (2) A copy of any allocation agreement executed
by the entity, or its controlling entity, and the Community Development Financial Institutions
Fund. (3) A certificate executed by an executive officer of the entity attesting that the
allocation agreement remains in effect and has not been revoked or cancelled by the Community
Development Financial Institutions Fund. (4) A description...
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7-8-501
Section 7-8-501 Securities account; acquisition of security entitlement from securities intermediary.
(a) "Securities account" means an account to which a financial asset is or may be
credited in accordance with an agreement under which the person maintaining the account undertakes
to treat the person for whom the account is maintained as entitled to exercise the rights
that comprise the financial asset. (b) Except as otherwise provided in subsections (d) and
(e), a person acquires a security entitlement if a securities intermediary: (1) indicates
by book entry that a financial asset has been credited to the person's securities account;
(2) receives a financial asset from the person or acquires a financial asset for the person
and, in either case, accepts it for credit to the person's securities account; or (3) becomes
obligated under other law, regulation, or rule to credit a financial asset to the person's
securities account. (c) If a condition of subsection (b) has been met, a...
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19-3A-415
Section 19-3A-415 Asset-backed securities. (a) In this section, "asset-backed security"
means an asset whose value is based upon the right it gives the owner to receive distributions
from the proceeds of financial assets that provide collateral for the security. The term includes
an asset that gives the owner the right to receive from the collateral financial assets (1)
only the interest or other current return thereon or (2) only the proceeds other than interest
or current return. The term does not include an asset to which Section 19-3A-401 or Section
19-3A-409 applies. (b) If a trust receives a payment that includes interest or other current
return and other proceeds of the collateral financial assets, then the fiduciary (1) shall
allocate to income the portion of the payment which the payer identifies as being from interest
or other current return; and (2) shall allocate the balance of the payment to principal. (c)
If a trust receives one or more payments in exchange for the...
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27-27-58
Section 27-27-58 Insider trading of domestic stock insurer equity securities - Equity securities
- Defined. The term "equity security," when used in this chapter, means any stock
or similar security or any security convertible, with or without consideration, into such
a security, or carrying any warrant or right to subscribe to or purchase such a security,
or any such warrant or right or any other security which the commissioner shall deem to be
of similar nature and consider necessary or appropriate, by such rules and regulations as
he may prescribe in the public interest or for the protection of investors, to treat as an
equity security. (Acts 1971, No. 407, p. 707, §554.)...
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7-8-504
Section 7-8-504 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). (c) A securities intermediary satisfies the duty in subsection (a) 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...
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7-9A-314
Section 7-9A-314 Perfection by control. (a) Perfection by control. A security interest in investment
property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic
documents may be perfected by control of the collateral under Section 7-7-106, 7-9A-104, 7-9A-105,
7-9A-106, or 7-9A-107. (b) Specified collateral: Time of perfection by control; continuation
of perfection. A security interest in deposit accounts, electronic chattel paper, letter-of-credit
rights, or electronic documents is perfected by control under Section 7-7-106, 7-9A-104, 7-9A-105,
or 7-9A-107 when the secured party obtains control and remains perfected by control only while
the secured party retains control. (c) Investment property: Time of perfection by control;
continuation of perfection. A security interest in investment property is perfected by control
under Section 7-9A-106 from the time the secured party obtains control and remains perfected
by control until: (1) the secured party...
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41-1-40
Section 41-1-40 Legislative findings. The Legislature finds and declares that the making and
managing of investments or the borrowing of money by governmental entities involves a variety
of interest rate, investment, payment, and similar risks. A number of financial instruments
are available to hedge against those risks. Many governmental entities lack express statutory
authority to take advantage of those instruments, and it is desirable that they have the authority.
(Acts 1992, No. 92-589, p. 1214, §1.)...
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7-9A-328
Section 7-9A-328 Priority of security interests in investment property. The following rules
govern priority among conflicting security interests in the same investment property: (1)
A security interest held by a secured party having control of investment property under Section
7-9A-106 has priority over a security interest held by a secured party that does not have
control of the investment property. (2) Except as otherwise provided in paragraphs (3) and
(4), conflicting security interests held by secured parties each of which has control under
Section 7-9A-106 rank according to priority in time of: (A) if the collateral is a security,
obtaining control; (B) if the collateral is a security entitlement carried in a securities
account and: (i) if the secured party obtained control under Section 7-8-106(d)(1), the secured
party's becoming the person for which the securities account is maintained; (ii) if the secured
party obtained control under Section 7-8-106(d)(2), the securities...
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