TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 8

INVESTMENT SECURITIES

PART 5.

SECURITY ENTITLEMENTS

28-8-506.  Duty of securities intermediary to exercise rights as directed by entitlement holder. A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:

(1)  The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2)  In the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.

History:

[28-8-506, added 1995, ch. 272, sec. 2, p. 897.]