8503 - Property interest of entitlement holder in financial asset held by securities intermediary.

     § 8503.  Property interest of entitlement holder in financial                asset held by securities intermediary.        (a)  General rule.--To the extent necessary for a securities     intermediary to satisfy all security entitlements with respect     to a particular financial asset, all interests in that financial     asset held by the securities intermediary are held by the     securities intermediary for the entitlement holders, are not     property of the securities intermediary and are not subject to     claims of creditors of the securities intermediary, except as     otherwise provided in section 8511 (relating to priority among     security interests and entitlement holders).        (b)  Entitlement holder has pro rata property interest.--An     entitlement holder's property interest with respect to a     particular financial asset under subsection (a) is a pro rata     property interest in all interests in that financial asset held     by the securities intermediary, without regard to the time the     entitlement holder acquired the security entitlement or the time     the securities intermediary acquired the interest in that     financial asset.        (c)  Enforceability of property interest against securities     intermediary.--An entitlement holder's property interest with     respect to a particular financial asset under subsection (a) may     be enforced against the securities intermediary only by exercise     of the entitlement holder's rights under sections 8505 (relating     to duty of securities intermediary with respect to payments and     distributions) through 8508 (relating to duty of securities     intermediary to change entitlement holder's position to other     form of security holding).        (d)  Enforcement of property interest against purchaser.--An     entitlement holder's property interest with respect to a     particular financial asset under subsection (a) may be enforced     against a purchaser of the financial asset or interest therein     only if:            (1)  insolvency proceedings have been initiated by or        against the securities intermediary;            (2)  the securities intermediary does not have sufficient        interests in the financial asset to satisfy the security        entitlements of all of its entitlement holders to that        financial asset;            (3)  the securities intermediary violated its obligations        under section 8504 (relating to duty of securities        intermediary to maintain financial asset) by transferring the        financial asset or interest therein to the purchaser; and            (4)  the purchaser is not protected under subsection (e).     The trustee or other liquidator, acting on behalf of all     entitlement holders having security entitlements with respect to     a particular financial asset, may recover the financial asset or     interest therein from the purchaser. If the trustee or other     liquidator elects not to pursue that right, an entitlement     holder whose security entitlement remains unsatisfied has the     right to recover its interest in the financial asset from the     purchaser.        (e)  Limitation on actions based on entitlement holder's     property interest.--An action based on the entitlement holder's     property interest with respect to a particular financial asset     under subsection (a), whether framed in conversion, replevin,     constructive trust, equitable lien or other theory, may not be     asserted against any purchaser of a financial asset or interest     therein who gives value, obtains control and does not act in     collusion with the securities intermediary in violating the     securities intermediary's obligations under section 8504.        Cross References.  Section 8503 is referred to in section     8104 of this title.