West Virginia Code § 46-8-504

Duty of securities intermediary to maintain financial asset
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(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset
in a quantity corresponding to the aggregate of all security entitlements it has established in
favor of its entitlement holders with respect to that financial asset. The securities
intermediary may maintain those financial assets directly or through one or more other
securities intermediaries. e
(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary
may not grant any security interests in a financial asset it is obligated to maintain pursuant
to subsection (a) of this section. u
(c) A securities intermediary satisfies the duty in subsection (a) of this section if:
(1) The securities intermediary acts with respect to thea 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 obtain and maintain the financial
asset. i
(d) This section does not apply to a clearing corporation that is itself the obligor of an option
or similar obligation to which its entitlement holders have security entitlements.

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