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HomeCommercial CodeDiv. 8Ch. 1§ 8109 Entitlement Order Warranties

§ 8109 Entitlement Order Warranties

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8109 Entitlement Order Warranties

Key Takeaways

  • •If you tell a bank or broker to move stocks, you promise you have the right to do that.
  • •You also promise no one else is claiming those stocks.
  • •If the bank gives you stock papers or puts stocks in your name, they promise the same things.

Example

You ask your bank to sell some of your stocks.

By asking, you promise the bank that you really own those stocks and no one else is saying they own them too.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8109 Entitlement Order Warranties

(a) A person who originates an entitlement order to a securities intermediary warrants all of the following to the securities intermediary: (1) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person. (2) There is no adverse claim to the security entitlement. (b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in subdivision (a) or (b) of Section 8108. (c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in subdivision (a) or (b) of Section 8108. (Repealed and added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

entitlement ordersecurities intermediaryadverse claimsecurity entitlement

Related Statutes

  • § 8115 Securities Intermediary Liability Protection
  • § 8116 Securities Intermediary Purchaser Rights
  • § 8102 Financial Asset Definitions
  • § 8104 Security Interest Acquisition
  • § 8105 Notice Of Adverse Claims

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8109.
View Official Source