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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 93 - Perfection and Priority
Section 9305 - Law governing perfection and priority of security interests in investment property
§ 9305. Law governing perfection and priority of security
interests in investment property.
(a) Governing law; general rules.--Except as otherwise
provided in subsection (c), the following rules apply:
(1) 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.
(2) The local law of the issuer's jurisdiction as
specified in section 8110(d) (relating to applicability;
choice of law) governs perfection, the effect of perfection
or nonperfection and the priority of a security interest in
an uncertificated security.
(3) The local law of the securities intermediary's
jurisdiction as specified in section 8110(e) governs
perfection, the effect of perfection or nonperfection and the
priority of a security interest in a security entitlement or
securities account.
(4) 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.
(b) Commodity intermediary's jurisdiction.--The following
rules determine a commodity intermediary's jurisdiction for
purposes of this part:
(1) 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
chapter, this division or this title, that jurisdiction is
the commodity intermediary's jurisdiction.
(2) If paragraph (1) 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.
(3) If neither paragraph (1) nor paragraph (2) 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.
(4) 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.
(5) 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.
(c) When perfection governed by law of jurisdiction where
debtor located.--The local law of the jurisdiction in which the
debtor is located governs:
(1) perfection of a security interest in investment
property by filing;
(2) automatic perfection of a security interest in
investment property created by a broker or securities
intermediary; and
(3) automatic perfection of a security interest in a
commodity contract or commodity account created by a
commodity intermediary.
Cross References. Section 9305 is referred to in sections
9301, 9316 of this title.
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