Section 8--105. Notice of Adverse Claim  


Latest version.
  • (a) A person has notice of an adverse claim if:
             (1) the person knows of the adverse claim;
             (2) the  person  is  aware  of  facts sufficient to indicate that
                 there is a significant probability  that  the  adverse  claim
                 exists   and   deliberately  avoids  information  that  would
                 establish the existence of the adverse claim; or
             (3) the person has a duty, imposed by statute or  regulation,  to
                 investigate   whether   an  adverse  claim  exists,  and  the
                 investigation so required would establish  the  existence  of
                 the adverse claim.
        (b) Having  knowledge that a financial asset or interest therein is or
      has been transferred by a representative imposes no duty of inquiry into
      the rightfulness of a transaction and is not notice of an adverse claim.
      However, a person who knows that  a  representative  has  transferred  a
      financial  asset  or interest therein in a transaction that is, or whose
      proceeds  are  being  used,  for   the   individual   benefit   of   the
      representative  or  otherwise in breach of duty has notice of an adverse
      claim.
        (c) An act or event that creates a right to immediate  performance  of
      the principal obligation represented by a security certificate or sets a
      date on or after which the certificate is to be presented or surrendered
      for  redemption  or  exchange  does  not  itself constitute notice of an
      adverse claim except in the case of a transfer more than:
             (1) one year after a date set for presentment  or  surrender  for
                 redemption or exchange; or
             (2) six  months  after  a  date  set for payment of money against
                 presentation or surrender of the certificate,  if  money  was
                 available for payment on that date.
        (d) A  purchaser  of  a certificated security has notice of an adverse
      claim if the security certificate:
             (1) whether in bearer or registered form, has been indorsed  "for
                 collection"  or "for surrender" or for some other purpose not
                 involving transfer; or
             (2) is in bearer form and has on it an unambiguous statement that
                 it is the property of a person other than the transferor, but
                 the mere writing of a name on the certificate is not  such  a
                 statement.
        (e)   Except  as  provided in section 9--516(e), filing of a financing
      statement under Article 9 is  not  notice  of  an  adverse  claim  to  a
      financial asset.