State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-8-115

§25‑8‑115.  Securities intermediary and others not liable to adverseclaimant.

A securities intermediary thathas transferred a financial asset pursuant to an effective entitlement order,or a broker or other agent or bailee that has dealt with a financial asset atthe direction of its customer or principal, is not liable to a person having anadverse claim to the financial asset, unless the securities intermediary, orbroker or other agent or bailee:

(1)        Took the actionafter it had been served with an injunction, restraining order, or other legalprocess enjoining it from doing so, issued by a court of competentjurisdiction, and had a reasonable opportunity to act on the injunction,restraining order, or other legal process; or

(2)        Acted in collusionwith the wrongdoer in violating the rights of the adverse claimant; or

(3)        In the case of asecurity certificate that has been stolen, acted with notice of the adverseclaim. (1997‑181, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-8-115

§25‑8‑115.  Securities intermediary and others not liable to adverseclaimant.

A securities intermediary thathas transferred a financial asset pursuant to an effective entitlement order,or a broker or other agent or bailee that has dealt with a financial asset atthe direction of its customer or principal, is not liable to a person having anadverse claim to the financial asset, unless the securities intermediary, orbroker or other agent or bailee:

(1)        Took the actionafter it had been served with an injunction, restraining order, or other legalprocess enjoining it from doing so, issued by a court of competentjurisdiction, and had a reasonable opportunity to act on the injunction,restraining order, or other legal process; or

(2)        Acted in collusionwith the wrongdoer in violating the rights of the adverse claimant; or

(3)        In the case of asecurity certificate that has been stolen, acted with notice of the adverseclaim. (1997‑181, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-8-115

§25‑8‑115.  Securities intermediary and others not liable to adverseclaimant.

A securities intermediary thathas transferred a financial asset pursuant to an effective entitlement order,or a broker or other agent or bailee that has dealt with a financial asset atthe direction of its customer or principal, is not liable to a person having anadverse claim to the financial asset, unless the securities intermediary, orbroker or other agent or bailee:

(1)        Took the actionafter it had been served with an injunction, restraining order, or other legalprocess enjoining it from doing so, issued by a court of competentjurisdiction, and had a reasonable opportunity to act on the injunction,restraining order, or other legal process; or

(2)        Acted in collusionwith the wrongdoer in violating the rights of the adverse claimant; or

(3)        In the case of asecurity certificate that has been stolen, acted with notice of the adverseclaim. (1997‑181, s. 1.)