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HomeCommercial CodeDiv. 8Ch. 5§ 8509 Securities Intermediary Compliance Rules

§ 8509 Securities Intermediary Compliance Rules

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

§ 8509 Securities Intermediary Compliance Rules

Key Takeaways

  • •If a federal rule already covers what a securities intermediary must do, following that rule is enough.
  • •If there’s no specific rule, the intermediary must act in a fair and reasonable way for business.
  • •The intermediary doesn’t have to do anything if the entitlement holder owes them money or breaks an agreement.
  • •The intermediary also doesn’t have to do anything that’s illegal under other laws.

Example

A bank holds stocks for a customer and is supposed to transfer them when asked.

If a federal rule says how to transfer stocks, the bank just follows that rule. If there’s no rule, the bank must do it in a fair way. But if the customer owes the bank money, the bank can refuse to transfer the stocks until the debt is paid.

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

Official Source
View on CA.gov

§ 8509 Securities Intermediary Compliance Rules

(a) If the substance of a duty imposed upon a securities intermediary by Sections 8504 to 8508, inclusive, is the subject of a federal statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty. (b) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner. (c) The obligation of a securities intermediary to perform the duties imposed by Sections 8504 to 8508, inclusive, is subject to the following: (1) Rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise. (2) Rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary. (d) Sections 8504 to 8508, inclusive, do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule. (Added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

regulationagreemententitlementperformancecomplianceobligationdutysecurities

Related Statutes

  • § 10504 Lease Damage Liquidation Rules
  • § 11202 Payment Order Authorization Rules
  • § 11406 Beneficiary Payment Timing
  • § 1203 Lease Vs Security Interest
  • § 7302 Through Bill Liability

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8509.
View Official Source