There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 85 - Security Entitlements
Section 8510 - Rights of purchaser of security entitlement from entitlement holder
§ 8510. Rights of purchaser of security entitlement from
entitlement holder.
(a) Action based on adverse claim to financial asset or
security entitlement.--In a case not covered by the priority
rules in Division 9 (relating to secured transactions) or the
rules stated in subsection (c), an action based on an adverse
claim to a financial asset or security entitlement, whether
framed in conversion, replevin, constructive trust, equitable
lien or other theory, may not be asserted against a person who
purchases a security entitlement, or an interest therein, from
an entitlement holder if the purchaser gives value, does not
have notice of the adverse claim and obtains control.
(b) When adverse claim cannot be asserted.--If an adverse
claim could not have been asserted against an entitlement holder
under section 8502 (relating to assertion of adverse claim
against entitlement holder), the adverse claim cannot be
asserted against a person who purchases a security entitlement,
or an interest therein, from the entitlement holder.
(c) Rules of priority.--In a case not covered by the
priority rules in Division 9, a purchaser for value of a
security entitlement, or an interest therein, who obtains
control has priority over a purchaser of a security entitlement,
or an interest therein, who does not obtain control. Except as
otherwise provided in subsection (d), purchasers who have
control rank according to priority in time of:
(1) the purchaser's becoming the person for whom the
securities account, in which the security entitlement is
carried, is maintained if the purchaser obtained control
under section 8106(d)(1) (relating to control);
(2) the securities intermediary's agreement to comply
with the purchaser's entitlement orders with respect to
security entitlements carried or to be carried in the
securities account in which the security entitlement is
carried if the purchaser obtained control under section
8106(d)(2); or
(3) if the purchaser obtained control through another
person under section 8106(d)(3), the time on which priority
would be based under this subsection if the other person were
the secured party.
(d) Securities intermediary.--A securities intermediary as
purchaser has priority over a conflicting purchaser who has
control unless otherwise agreed by the securities intermediary.
(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)
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