- (a) A security interest in favor of a securities intermediary attaches to a person's security entitlement if:
- (1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and
- (2) The securities intermediary credits the financial asset to the buyer's securities account before the buyer pays the securities intermediary.
- (b) The security interest described in subsection (a) of this section secures the person's obligation to pay for the financial asset.
- (c) A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:
(1) The security or other financial asset:
- (A) In the ordinary course of business is transferred by delivery with any necessary indorsement or assignment; and
- (B) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and
- (2) The agreement calls for delivery against payment.
- (d) The security interest described in subsection (c) of this section secures the obligation to make payment for the delivery.
Source: L. 2001: Entire article R&RE, p. 1337, § 1, effective July 1.
Editor's note: This section is similar to former § 4-9-116 as it existed prior to 2001.