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Session Laws, 1986
Volume 768, Page 3737   View pdf image
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HARRY HUGHES, Governor

3737

(F) WITH RESPECT TO A SPECIFIC UNCERTIFICATED
SECURITY THE PLEDGE OR TRANSFER OF WHICH HAS BEEN REGISTERED TO A
THIRD PERSON, NOT A FINANCIAL INTERMEDIARY, AT THE TIME THAT
PERSON ACKNOWLEDGES THAT HE HOLDS FOR THE PURCHASER;

[(e)] (G) [Appropriate] AT THE TIME APPROPRIATE
entries TO THE ACCOUNT OF THE PURCHASER OR A PERSON DESIGNATED BY
HIM on the books of a clearing corporation are made under §
8-320[.];

(H) WITH RESPECT TO THE TRANSFER OF A SECURITY
INTEREST WHERE THE DEBTOR HAS SIGNED A SECURITY AGREEMENT
CONTAINING A DESCRIPTION OF THE SECURITY, AT THE TIME A WRITTEN
NOTIFICATION, WHICH, IN THE CASE OF THE CREATION OF THE SECURITY
INTEREST, IS SIGNED BY THE DEBTOR (WHICH MAY BE A COPY OF THE
SECURITY AGREEMENT) OR WHICH, IN THE CASE OF THE RELEASE OR
ASSIGNMENT OF THE SECURITY INTEREST CREATED PURSUANT TO THIS
PARAGRAPH, IS SIGNED BY THE SECURED PARTY, IS RECEIVED BY:

(I)  A FINANCIAL INTERMEDIARY ON WHOSE BOOKS THE
INTEREST OF THE TRANSFEROR IN THE SECURITY APPEARS;

(II)  A THIRD PERSON, NOT A FINANCIAL
INTERMEDIARY, IN POSSESSION OF THE SECURITY, IF IT IS
CERTIFICATED;

(III)  A THIRD PERSON, NOT A FINANCIAL
INTERMEDIARY, WHO IS THE REGISTERED OWNER OF THE SECURITY, IF IT
IS UNCERTIFICATED AND NOT SUBJECT TO A REGISTERED PLEDGE; OR

(IV)  A THIRD PERSON, NOT A FINANCIAL
INTERMEDIARY, WHO IS THE REGISTERED PLEDGEE OF THE SECURITY, IF
IT IS UNCERTIFICATED AND SUBJECT TO A REGISTERED PLEDGE;

(I) WITH RESPECT TO THE TRANSFER OF A SECURITY
INTEREST WHERE THE TRANSFEROR HAS SIGNED A SECURITY AGREEMENT
CONTAINING A DESCRIPTION OF THE SECURITY, AT THE TIME NEW VALUE
IS GIVEN BY THE SECURED PARTY; OR

(J) WITH RESPECT TO THE TRANSFER OF A SECURITY
INTEREST WHERE THE SECURED PARTY IS A FINANCIAL INTERMEDIARY AND
THE SECURITY HAS ALREADY BEEN TRANSFERRED TO THE FINANCIAL
INTERMEDIARY UNDER PARAGRAPH (A), (B), (C), (D), OR (G), AT THE
TIME THE TRANSFEROR HAS SIGNED A SECURITY AGREEMENT CONTAINING A
DESCRIPTION OF THE SECURITY AND VALUE IS GIVEN BY THE SECURED
PARTY.

(2) The purchaser is the owner of a security held for him
by [his broker] A FINANCIAL INTERMEDIARY, but [is not the holder]
CANNOT BE A BONA FIDE PURCHASER OF A SECURITY SO HELD except
[as] IN THE CIRCUMSTANCES specified in [subparagraphs] PARAGRAPHS
[(b),] (c), (D)(I), and [(e)] (G) of subsection (1). [Where] IF a
security SO HELD is part of a fungible bulk AS IN THE
CIRCUMSTANCES SPECIFIED IN PARAGRAPH (D)(II) AND (III) OF

 

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Session Laws, 1986
Volume 768, Page 3737   View pdf image
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