(a) A licensee shall be deemed to own an eligible security only if the following apply:

(1) (A) The licensee owns the eligible security solely and exclusively in its own right, both of record and beneficially.

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(B) Notwithstanding subparagraph (A), a licensee shall be deemed to own accounts held for the benefit of the licensee’s customers that otherwise meet the requirements of paragraph (2) of subdivision (b) of Section 2082.

(2) The eligible security is not subject to any pledge, lien, or security interest.

(3) The licensee can freely negotiate, assign, or otherwise transfer the eligible security.

(b) Notwithstanding subdivision (a), a licensee shall not be deemed not to own an eligible security solely on account of either of the following facts, provided that, but for that fact, the licensee would be deemed to own the eligible security under the provisions of subdivision (a):

(1) The fact that the eligible security is owned of record by a documented nominee of the licensee or by a securities depository.

(2) The fact that the licensee has pledged the eligible security with the United States or any state of the United States to secure payment by the licensee of transmission money.

(Amended by Stats. 2023, Ch. 463, Sec. 9. (AB 1116) Effective January 1, 2024.)