LD 2245
pg. 482
Page 481 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 483 of 493
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LR 1087
Item 1

 
securities under Section 8-301.__Of course, the acknowledging
person cannot be the debtor.

 
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).

 
The following examples illustrate the rules application of
subsection (d):

 
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.

 
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.

 
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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