Tex. Bus. & Com. Code Section 8.505
Duty of Securities Intermediary with Respect to Payments and Distributions


(a)

A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if:

(1)

the securities intermediary acts with respect to the duty as agreed on by the entitlement holder and the securities intermediary; or

(2)

in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution.

(b)

A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary.
Added by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.

Source: Section 8.505 — Duty of Securities Intermediary with Respect to Payments and Distributions, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­8.­htm#8.­505 (accessed Jun. 5, 2024).

8.101
Short Title
8.102
Definitions
8.103
Rules for Determining Whether Certain Obligations and Interests Are Securities or Financial Assets
8.104
Acquisition of Security or Financial Asset or Interest Therein
8.105
Notice of Adverse Claim
8.106
Control
8.107
Whether Indorsement, Instruction, or Entitlement Order Is Effective
8.108
Warranties in Direct Holding
8.109
Warranties in Indirect Holding
8.110
Applicability
8.111
Clearing Corporation Rules
8.112
Creditor’s Legal Process
8.113
Statute of Frauds Inapplicable
8.114
Evidentiary Rules Concerning Certificated Securities
8.115
Securities Intermediary and Others Not Liable to Adverse Claimant
8.116
Securities Intermediary as Purchaser for Value
8.201
Issuer
8.202
Issuer’s Responsibility and Defenses
8.203
Staleness as Notice of Defect or Defense
8.204
Effect of Issuer’s Restriction on Transfer
8.205
Effect of Unauthorized Signature on Security Certificate
8.206
Completion or Alteration of Security Certificate
8.207
Rights and Duties of Issuer with Respect to Registered Owners
8.208
Effect of Signature of Authenticating Trustee, Registrar, or Transfer Agent
8.209
Issuer’s Lien
8.210
Overissue
8.301
Delivery
8.302
Rights of Purchaser
8.303
Protected Purchaser
8.304
Indorsement
8.305
Instruction
8.306
Effect of Guaranteeing Signature, Indorsement, or Instruction
8.307
Purchaser’s Right to Requisites for Registration of Transfer
8.401
Duty of Issuer to Register Transfer
8.402
Assurance that Indorsement or Instruction Is Effective
8.403
Demand that Issuer Not Register Transfer
8.404
Wrongful Registration
8.405
Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate
8.406
Obligation to Notify Issuer of Lost, Destroyed, or Wrongfully Taken Security Certificate
8.407
Authenticating Trustee, Transfer Agent, and Registrar
8.501
Securities Account
8.502
Assertion of Adverse Claim Against Entitlement Holder
8.503
Property Interest of Entitlement Holder in Financial Asset Held by Securities Intermediary
8.504
Duty of Securities Intermediary to Maintain Financial Asset
8.505
Duty of Securities Intermediary with Respect to Payments and Distributions
8.506
Duty of Securities Intermediary to Exercise Rights as Directed by Entitlement Holder
8.507
Duty of Securities Intermediary to Comply with Entitlement Order
8.508
Duty of Securities Intermediary to Change Entitlement Holder’s Position to Other Form of Security Holding
8.509
Specification of Duties of Securities Intermediary by Other Statute or Regulation
8.510
Rights of Purchaser of Security Entitlement from Entitlement Holder
8.511
Priority Among Security Interests and Entitlement Holders

Accessed:
Jun. 5, 2024

§ 8.505’s source at texas​.gov