If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under § 28:8-404 or a claim to a new security certificate under § 28:8-405.
(Apr. 9, 1997, D.C. Law 11-240, § 2, 44 DCR 1087.)
Prior Codifications1981 Ed., § 28:8-406.
1973 Ed., § 28:8-406.
Section ReferencesThis section is referenced in § 28:8-404.
Uniform Commercial Code CommentAn owner who fails to notify the issuer within a reasonable time after the owner knows or has reason to know of the loss or theft of a security certificate is estopped from asserting the ineffectiveness of a forged or unauthorized indorsement and the wrongfulness of the registration of the transfer. If the lost certificate was indorsed by the owner, then the registration of the transfer was not wrongful under Section 8-404, unless the owner made an effective demand that the issuer not register transfer under Section 8-403.
Definitional Cross References “Issuer”. Section 8-201.
“Notify”. Section 1-201(25).
“Security certificate”. Section 8-102(a)(16).