Duty of securities intermediary with respect to payments and distributions

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  • (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.


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