West Virginia Code § 46-8-509

Specification of duties of securities intermediary by other statute or
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regulation; manner of performance of duties of securities intermediary and exercise
of rights of entitlement holder.
(a) If the substance of a duty imposed upon a securities intermediary by sections 8-504
through 8-508 is the subject of other statute, regulation or rule, compliance with that
statute, regulation or rule satisfies the duty. e
(b) To the extent that specific standards for the performance of the duties of a securities
intermediary or the exercise of the rights of an entitlement holder are not specified by other
statute, regulation or rule or by agreement between the securitieus intermediary and
entitlement holder, the securities intermediary shall perform its duties and the entitlement
holder shall exercise its rights in a commercially reasonablet manner.
(c) The obligation of a securities intermediary to perform the duties imposed by sections
8-504 through 8-508 is subject to:
(1) Rights of the securities intermediary arisinsg out of a security interest under a security
agreement with the entitlement holder or otherwise; and
(2) Rights of the securities intermediary under other law, regulation, rule, or agreement to
withhold performance of its duties as a result of unfulfilled obligations of the entitlement
holder to the securities intermediary.
(d) Sections 8-504 through 8-508 do not require a securities intermediary to take any action
that is prohibited by other statute, regulation or rule.

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