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355.9-305 Law governing perfection and priority of security interests in investment
property.
(1)
(2)
(3)
Except as otherwise provided in subsection (3) of this section, the following rules
apply:
(a) While a security certificate is located in a jurisdiction, the local law of that
jurisdiction governs perfection, the effect of perfection or nonperfection, and
the priority of a security interest in the certificated security represented
thereby.
(b) The local law of the issuer's jurisdiction as specified in KRS 355.8-110(4)
governs perfection, the effect of perfection or nonperfection, and the priority
of a security interest in an uncertificated security.
(c) The local law of the securities intermediary's jurisdiction as specified in KRS
355.8-110(5) governs perfection, the effect of perfection or nonperfection, and
the priority of a security interest in a security entitlement or securities account.
(d) The local law of the commodity intermediary's jurisdiction governs perfection,
the effect of perfection or nonperfection, and the priority of a security interest
in a commodity contract or commodity account.
The following rules determine a commodity intermediary's jurisdiction for purposes
of this part of this article:
(a) If an agreement between the commodity intermediary and commodity
customer governing the commodity account expressly provides that a
particular jurisdiction is the commodity intermediary's jurisdiction for
purposes of this part of this article, this article, or this chapter, that jurisdiction
is the commodity intermediary's jurisdiction.
(b) If paragraph (a) of this subsection does not apply and an agreement between
the commodity intermediary and commodity customer governing the
commodity account expressly provides that the agreement is governed by the
law of a particular jurisdiction, that jurisdiction is the commodity
intermediary's jurisdiction.
(c) If neither paragraph (a) nor paragraph (b) of this subsection applies and an
agreement between the commodity intermediary and commodity customer
governing the commodity account expressly provides that the commodity
account is maintained at an office in a particular jurisdiction, that jurisdiction
is the commodity intermediary's jurisdiction.
(d) If none of the preceding paragraphs applies, the commodity intermediary's
jurisdiction is the jurisdiction in which the office identified in an account
statement as the office serving the commodity customer's account is located.
(e) If none of the preceding paragraphs applies, the commodity intermediary's
jurisdiction is the jurisdiction in which the chief executive office of the
commodity intermediary is located.
The local law of the jurisdiction in which the debtor is located governs:
(a) Perfection of a security interest in investment property by filing;
(b)
(c)
Automatic perfection of a security interest in investment property created by a
broker or securities intermediary; and
Automatic perfection of a security interest in a commodity contract or
commodity account created by a commodity intermediary.
Effective: July 1, 2001
History: Repealed and reenacted 2001 Ky. Acts ch. 119, sec. 6, effective July 1, 2001. - Repealed and reenacted 2000 Ky. Acts ch. 408, sec. 45, effective July 1, 2001. -Amended 1996 Ky. Acts ch. 130, sec. 175, effective January 1, 1997. -- Amended
1986 Ky. Acts ch. 118, sec. 66, effective July 1, 1987. -- Created 1958 Ky. Acts ch.
77, sec. 9-305, effective July 1, 1960.
Legislative Research Commission Note (7/14/2000). Although 2000 Acts ch. 408, sec.
45, has a reference to "subsection (4) of Section 169 of this Act" (which Section was
codified as KRS 355.8-103) in subsection (1)(b) of this statute, that reference has
been codified as KRS 355.8-110(4) (which was subsection (4) of Section 171 of
Chapter 408) in order to match the official text of Revised Article 9. Amendments to
the introduced version of this bill in the Senate inadvertently did not make the
necessary adjustment to this internal reference; this failure was clearly a manifest
typographical or clerical error and has been corrected in codification under KRS
7.136(1)(h).
Legislative Research Commission Note (7/14/2000). Although 2000 Acts ch. 408, sec.
45, has a reference to "subsection (5) of Section 169 of this Act" (which Section was
codified as KRS 355.8-103) in subsection (1)(c) of this statute, that reference has
been codified as KRS 355.8-110(5) (which was subsection (5) of Section 171 of
Chapter 408) in order to match the official text of Revised Article 9. Amendments to
the introduced version of this bill in the Senate inadvertently did not make the
necessary adjustment to this internal reference; this failure was clearly a manifest
typographical or clerical error and has been corrected in codification under KRS
7.136(1)(h).
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