| Example 6.__Debtor grants Alpha Co. 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 has control of the 1000 shares under |
Section 8-106(d).__(The facts to this point are identical to |
those in Section 8-106, Comment 4, Example 1, except that Alpha |
Co. was Alpha Bank.)__Alpha next grants Beta Co. a security |
interest in the 1000 shares included in Alpha's security |
entitlement.__See Section 9-207(c)(3)[Maine cite section 9-1207, |
subsection (3), paragraph (c)].__Alpha instructs Able to transfer |
the shares to Gamma Co., Beta's custodian.__Able does so, and |
Gamma credits the 1000 shares to Beta's account.__Beta now has |
control under Section 8-106(d).__By virtue of Debtor's explicit |
permission or by virtue of the permission inherent in Debtor's |
creation of a security interest in favor of Alpha and Alpha's |
resulting power to grant a security interest under Section 9-207 |
[Maine cite section 9-1207]. Debtor has no adverse claim to |
assert against Beta, assuming implausibly that Debtor could |
"trace" an interest to the Gamma account.__Moreover, even. if |
Debtor did hold an adverse claim, if Beta did not have notice of |
Debtor's claim, Section 8-502 will preclude any action by Debtor |
against Beta, whether framed in constructive trust or other |
theory. |