§12A-1-9-328. Priority of security interests in investment
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property.
PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY
The following rules govern priority among conflicting security interests in the same investment property:
(1)A security interest held by a secured party having control of investment property under Section 1-9-106 of this title has priority over a security interest held by a secured party that does not have control of the investment property.
(2)Except as otherwise provided in paragraphs
(3)and
(4)of this section, conflicting security interests held by secured parties each of which has control under Section 1-9-106 of this title rank according to priority in time of:
(A)if the collateral is a security, obtaining control;
(B)if the collateral is a security entitlement carried in
a securities account and:
(i)if the secured party obtained control under
paragraph
(1)of subsection
(d)of Section 8-106
of this title, the secured party’s becoming the
person for which the securities account is
maintained;
(ii)if the secured party obtained control under
paragraph
(2)of subsection
(d)of Section 8-106
of this title, the securities intermediary’s
agreement to comply with the secured party’s
entitlement orders with respect to security
entitlements carried or to be carried in the
securities account; or
(iii)if the secured party obtained control through
another person under paragraph
(3)of subsection
(d)of Section 8-106 of this title, the time on
which priority would be based under this
paragraph if the other person were the secured
party; or
(C)if the collateral is a commodity contract carried with
a commodity intermediary, the satisfaction of the
requirement for control specified in paragraph
(2)of
subsection
(b)of Section 1-9-106 of this title with
respect to commodity contracts carried or to be
carried with the commodity intermediary.
(3)A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4)A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5)A security interest in a certificated security in registered form which is perfected by taking delivery under subsection
(a)of Section 1-9-313 of this title and not by control under Section 1-9-314 of this title has priority over a conflicting security interest perfected by a method other than control.
(6)Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Section 1-9-106 of this title rank equally.
(7)In all other cases, priority among conflicting security interests in investment property is governed by Sections 1-9-322 and 1-9-323 of this title. Added by Laws 2000, c. 371, § 55, eff. July 1, 2001.