Duty of Securities Intermediary with Respect to Payments and Distributions.

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Duty of Securities Intermediary with Respect to Payments and Distributions.

(a) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty 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 attempt to obtain the payment or distribution.

(b) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary.

Added by Laws 1995, c. 242, § 45, eff. Feb. 1, 1996.


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