West Virginia Code § 46-8-503

Property interest of entitlement holder in financial asset held by
Open in Lexace · Ask the AI about this section
securities intermediary.
(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 claimes 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) of this section is a pro rata property interesut 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 ttime 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) of this section may be enforceld against the securities intermediary only
by exercise of the entitlement holder's rights usnder sections 8-505 through 8-508.
(d) An entitlement holder's property intereist with respect to a particular financial asset
under subsection (a) of this section mgay 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 securiVties 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) of this section. 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) of this section, 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 West Virginia 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.