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Why States Should Adopt the... |
Revised Uniform Commercial Code - Article 8 (1994)
Investment securities (stocks, bonds, etc.) are normally held
for owners in securities accounts by broker/dealers. Broker/dealers,
in their turn, have securities held for them in accounts with depository
companies, the major one being the Depository Trust Corporation
in New York. In Article 8 of the Uniform Commercial Code, there
is little recognition of securities accounts, and what is recognized
is of little help to those transacting business through such accounts.
The 1994 revision to Article 8 remedies this deficiency.
The Revised Article 8:
- Establishes customers' specific rights in their securities accounts
against their broker/dealers.
- Enables customers of broker/dealers to obtain credit that is
secured by their securities accounts.
- Makes it easier for broker/dealers to obtain secured credit
on their accounts with securities depositories.
- Helps avoid any meltdown because broker/dealers cannot obtain
credit when a market crashes.
- Gives creditors better control over collateral that includes
securities accounts.
- Assures smoother function of securities markets over the long
term.
- Reduces the prospect of litigation over broker/dealer - customer
relationships.
- Assures that the transfer rules for securities will remain state
law rather than federal regulation.
- Makes it easier and less risky for people to invest through
broker/dealers.
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