41-09-16. (9-206) Security interest arising in purchase or delivery of financial asset.
192 words·~1 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A security interest in favor of a securities intermediary attaches to a person's security
entitlement if:
a. The person buys a financial asset through the securities intermediary in a
transaction in which the person is obligated to pay the purchase price to the
securities intermediary at the time of the purchase; and
b. The securities intermediary credits the financial asset to the buyer's securities
account before the buyer pays the securities intermediary.
2. The security interest described in subsection 1 secures the person's obligation to pay
for the financial asset.
3. A security interest in favor of a person that delivers a certificated security or other
financial asset represented by a writing attaches to the security or other financial asset
if:
a. The security or other financial asset:
(1)In the ordinary course of business is transferred by delivery with any
necessary indorsement or assignment; and
(2)Is delivered under an agreement between persons in the business of
dealing with such securities or financial assets; and
b. The agreement calls for delivery against payment.
4. The security interest described in subsection 3 secures the obligation to make
payment for the delivery.