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W. Va. Code § 46-9-106

Control of investment property

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 2 court decisions — leading case Sony Corp. of America v. Bank One, West Virginia, Huntington NA (1996)

Most recently applied in Sony Corp. of America v. Bank One, West Virginia, Huntington NA (May 1996)

(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.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.