Section 8--504*2. Duty of Securities Intermediary to Maintain Financial Asset  


Latest version.
  • (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 commercial
                 standards to obtain and maintain the financial asset.
        (d) This section does not apply to  a  clearing  corporation  that  is
      itself  the  obligor  of  an  option  or similar obligation to which its
      entitlement holders have security entitlements.