554.8504 Duty of securities intermediary to maintain financial asset. 1. A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it hasestablished in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or moreother securities intermediaries. 2. Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated tomaintain pursuant to subsection 1. 3. A securities intermediary satisfies the duty in subsection 1 if:a. the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or b. in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset. 4. This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have o obtain and maintain the financial asset. 4. This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements. 96 Acts, ch 1138, §51, 84Referred to in §554.8503, 554.8509 Sat Dec 23 01:58:45 2023 Iowa Code 2024, Section 554.8504 (24, 0)
Iowa Legal Code