| | | securities under Section 8-301.__Of course, the acknowledging | | person cannot be the debtor. |
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| | | This section specifies only the minimum requirements that such | | an arrangement must meet to confer "control"; the details of the | | arrangement can be specified by agreement. The arrangement might | | cover all of the positions in a particular account or subaccount, | | or only specified positions. There is no requirement that the | | control party's right to give entitlement orders be exclusive. | | The arrangement might provide that only the control party can | | give entitlement orders, or that either the entitlement holder or | | the control party can give entitlement orders. See subsection | | (f). |
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| | | The following examples illustrate the rules application of | | subsection (d): |
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| | | Example 1. Debtor grants Alpha Bank a security interest in a | | security entitlement that includes 1000 shares of XYZ Co. stock | | that Debtor holds through an account with Able & Co. Alpha also | | has an account with Able. Debtor instructs Able to transfer the | | shares to Alpha, and Able does so by crediting the shares to | Alpha's account . Alpha Bank has control of the 1000 shares | | under subsection (d)(1).__Although Debtor may have become the | | beneficial owner of the new securities entitlement, as between | | Debtor and Alpha, Able has agreed to act on Alpha's entitlement | orders because, as between Able and Alpha, because Alpha Bank is | | has become the entitlement holder. See Section 8-506. |
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| | | Example 2. Debtor grants Alpha Bank a security interest in a | | security entitlement that includes 1000 shares of XYZ Co. stock | that Debtor holds through an account with Able & Co. Alpha Bank | does not have an account with Able. Alpha Bank uses Beta as its | | securities custodian. Debtor instructs Able to transfer the | shares to Beta, for the account of Alpha Bank, and Able does so. | Alpha Bank has control of the 1000 shares under subsection | | (d)(1).__As in Example 1, although Debtor may have become the | | beneficial owner of the new securities entitlement, as between | | Debtor and Alpha, Beta__has agreed to act on Alpha's entitlement | orders because, as between Beta and Alpha, because Alpha is has | | become the entitlement holder. |
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| | | Example 3. Debtor grants Alpha Bank a security interest in a | | security entitlement that includes 1000 shares of XYZ Co. stock | | that Debtor holds through an account with Able & Co. Debtor, | Able, and Alpha Bank enter into an agreement under which Debtor | | will continue to receive dividends and distributions, and will | continue to have the right to direct dispositions, but Alpha Bank | also has the right to direct dispositions. Alpha Bank has | | control of the 1000 shares under subsection (d)(2). |
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