Section 45.08.504. Duty of securities intermediary to maintain financial asset.

   (a) A securities intermediary shall promptly obtain and maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements the securities intermediary has established in favor of the securities intermediary's 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 a security interest in a financial asset the securities intermediary is obligated to maintain under (a) of this section.
   (c) A securities intermediary satisfies the duty in (a) of this section 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 if the clearing corporation is the obligor of an option or similar obligation to which the entitlement holders of the clearing corporation have security entitlements.

Authorities

45.08.503;45.08.509

Notes

References

AS 45.08.503 Property interest of entitlement holder in financial asset held by securities intermediary.
AS 45.08.509 Specification of duties of securities intermediary by other statute, regulation, or rule; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

History

(Sec. 47 ch 17 SLA 1996)