Monday, February 16, 2009

The Wacky World of Investment Holding/Transfer

Photo by FaceMePLS

I've been struggling with the "new" rules for perfecting security interests in investment property for several years now, and the latest edition of my secured trans text deepened my confusion. Luckily, I found a couple of great articles that confirmed, I believe, that I had properly understood the inordinately complex world of establishing "control" over certificated, uncertificated, and most importatly, indirectly held securities (securities entitlements in securities accounts). Readers of this blog in particular might appreciate David Donald's advocacy piece here (and his descriptive piece here, in German), as well as the excellent introductory notes to the 1994 revisions of Article 8 of the U.C.C., all of which are invaluable navigational aids. If you are having trouble with endorsements, re-registration, and control agreements, check out these fine resources.

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