Delaware Code § 6-8-503

Property interest of entitlement holder in financial asset held by securities intermediary
Open in Lexace · Ask the AI about this section
(a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all
interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are
not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise
provided in Section 8-511.
(b) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) is a pro rata property interest
in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the
security entitlement or the time the securities intermediary acquired the interest in that financial asset.
(c) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against
the securities intermediary only by exercise of the entitlement holder's rights under Sections 8-505 through 8-508.
(d) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against
a purchaser of the financial asset or interest therein only if:
(1) insolvency proceedings have been initiated by or against the securities intermediary;
(2) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its
entitlement holders to that financial asset;

(3) the securities intermediary violated its obligations under Section 8-504 by transferring the financial asset or interest therein to
the purchaser; and
(4) the purchaser is not protected under subsection (e).
The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular
financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to
pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial
asset from the purchaser.
(e) An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection (a), whether
framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial
asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the
securities intermediary's obligations under Section 8-504.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.