N.Y. Uniform Commercial Code 9-106 – Control of Investment Property
Section 9–106. Control of Investment Property.
Terms Used In N.Y. Uniform Commercial Code 9-106
- Contract: A legal written agreement that becomes binding when signed.
- 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.
(a) Control under Section 8–106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in Section 8–106.
(b) Control of commodity contract. A secured party has control of a commodity contract if:
(1) the secured party is the commodity intermediary with which
the commodity contract is carried; or
(2) the commodity customer, secured party, and commodity
intermediary have agreed that the commodity intermediary will
apply any value distributed on account of the commodity
contract as directed by the secured party without further
consent by the commodity customer.
(c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.