Montana Code 30-9A-206. Security interest arising in purchase or delivery of financial asset
30-9A-206. Security interest arising in purchase or delivery of financial asset. (1) A security interest in favor of a securities intermediary attaches to a person‘s security entitlement if:
Terms Used In Montana Code 30-9A-206
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(a)the person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and
(b)the securities intermediary credits the financial asset to the buyer’s securities account before the buyer pays the securities intermediary.
(2)The security interest described in subsection (1) secures the person’s obligation to pay for the financial asset.
(3)A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:
(a)the security or other financial asset is:
(i)in the ordinary course of business transferred by delivery with any necessary indorsement or assignment; and
(ii)delivered under an agreement between persons in the business of dealing with such securities or financial assets; and
(b)the agreement calls for delivery against payment.
(4)The security interest described in subsection (3) secures the obligation to make payment for the delivery.