7-8-506
Section 7-8-506 Duty of securities intermediary to exercise rights as directed by entitlement
holder. A securities intermediary shall exercise rights with respect to a financial asset
if directed to do so by an entitlement holder. A securities intermediary satisfies the duty
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 either places the entitlement holder in a position to exercise the rights directly
or exercises due care in accordance with reasonable commercial standards to follow the direction
of the entitlement holder. (Acts 1996, No. 96-742, p. 1241, §1.)...
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7-8-509
Section 7-8-509 Specification of duties of securities intermediary by other statute
or regulation; manner of performance of duties of securities intermediary and exercise of
rights of entitlement holder. (a) If the substance of a duty imposed upon a securities intermediary
by Sections 7-8-504 through 7-8-508 is the subject of other statute, regulation, or rule,
compliance with that statute, regulation, or rule satisfies the duty. (b) To the extent that
specific standards for the performance of the duties of a securities intermediary or the exercise
of the rights of an entitlement holder are not specified by other statute, regulation, or
rule or by agreement between the securities intermediary and entitlement holder, the securities
intermediary shall perform its duties and the entitlement holder shall exercise its rights
in a commercially reasonable manner. (c) The obligation of a securities intermediary to perform
the duties imposed by Sections 7-8-504 through 7-8-508 is subject to:...
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7-8-503
Section 7-8-503 Property interest of entitlement holder in financial asset held by securities
intermediary. (a) To the extent necessary for a securities intermediary to satisfy all security
entitlements with respect to a particular financial asset, all interests in that financial
asset held by the securities intermediary are held by the securities intermediary for the
entitlement holders, are not property of the securities intermediary, and are not subject
to claims of creditors of the securities intermediary, except as otherwise provided in Section
7-8-511. (b) An entitlement holder's property interest with respect to a particular financial
asset under subsection (a) is a pro rata property interest in all interests in that financial
asset held by the securities intermediary, without regard to the time the entitlement holder
acquired the security entitlement or the time the securities intermediary acquired the interest
in that financial asset. (c) An entitlement holder's property...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and
be sued in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure.
(3) To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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7-8-505
Section 7-8-505 Duty of securities intermediary with respect to payments and distributions.
(a) A securities intermediary shall take action to obtain a payment or distribution made by
the issuer of a financial asset. A securities intermediary satisfies the duty 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 commercial standards to attempt to obtain
the payment or distribution. (b) A securities intermediary is obligated to its entitlement
holder for a payment or distribution made by the issuer of a financial asset if the payment
or distribution is received by the securities intermediary. (Acts 1996, No. 96-742, p. 1241,
§1.)...
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7-8-507
Section 7-8-507 Duty of securities intermediary to comply with entitlement order. (a)
A securities intermediary shall comply with an entitlement order if the entitlement order
is originated by the appropriate person, the securities intermediary has had reasonable opportunity
to assure itself that the entitlement order is genuine and authorized, and the securities
intermediary has had reasonable opportunity to comply with the entitlement order. A securities
intermediary satisfies the duty 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
commercial standards to comply with the entitlement order. (b) If a securities intermediary
transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary
shall reestablish a security entitlement in favor of the...
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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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7-8-110
Section 7-8-110 Applicability; choice of law. (a) The local law of the issuer's jurisdiction,
as specified in subsection (d), governs: (1) the validity of a security; (2) the rights and
duties of the issuer with respect to registration of transfer; (3) the effectiveness of registration
of transfer by the issuer; (4) whether the issuer owes any duties to an adverse claimant to
a security; and (5) whether an adverse claim can be asserted against a person to whom transfer
of a certificated or uncertificated security is registered or a person who obtains control
of an uncertificated security. (b) The local law of the securities intermediary's jurisdiction,
as specified in subsection (e), governs: (1) acquisition of a security entitlement from the
securities intermediary; (2) the rights and duties of the securities intermediary and entitlement
holder arising out of a security entitlement; (3) whether the securities intermediary owes
any duties to an adverse claimant to a security...
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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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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means
a claim that a claimant has a property interest in a financial asset and that it is a violation
of the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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