70A-8-510 - Rights of purchaser of security entitlement from entitlement holder. - Utah Statutes

70A-8-510. Rights of purchaser of security entitlement from entitlement holder.
(1) In a case not covered by the priority rules in Chapter 9a, Uniform Commercial Code --Secured Transactions, or the rules stated in Subsection (3), an action based on an adverse claim toa financial asset or security entitlement, whether framed in conversion, replevin, constructivetrust, equitable lien, or other theory, may not be asserted against a person who purchases asecurity 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.
(2) If an adverse claim could not have been asserted against an entitlement holder underSection 70A-8-502, the adverse claim cannot be asserted against a person who purchases asecurity entitlement, or an interest therein, from the entitlement holder.
(3) In a case not covered by the priority rules in Chapter 9a, Uniform Commercial Code-- Secured Transactions, 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 (4), purchasers whohave control rank according to priority in time of:
(a) the purchaser's becoming the person for whom the securities account, in which thesecurity entitlement is carried, is maintained, if the purchaser obtained control under Subsection70A-8-105(4)(a);
(b) the securities intermediary's agreement to comply with the purchaser's entitlementorders with respect to security entitlements carried or to be carried in the securities account inwhich the security entitlement is carried, if the purchaser obtained control under Subsection70A-8-105(4)(b); or
(c) if the purchaser obtained control through another person under Subsection70A-8-105(4)(c), the time on which priority would be based under this subsection if the otherperson were the secured party.
(4) A securities intermediary as purchaser has priority over a conflicting purchaser whohas control unless otherwise agreed by the securities intermediary.

Amended by Chapter 252, 2000 General Session