Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

84-8-509. Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder. (a) If the substance of a duty imposed upon a securities intermediary by K.S.A. 84-8-504 through 84-8-508 is the subject of other statute, regulation or rule, compliance with that statute, regulation or rule satisfies the duty. (b) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner. (c) The obligation of a securities intermediary to perform the duties imposed by K.S.A. 84-8-504 through 84-8-508 is subject to: (1) Rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and (2) rights of the securities intermediary under other law, regulation, rule or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary. (d) K.S.A. 84-8-504 through 84-8-508 do not require a securities intermediary to take any action that is prohibited by other statute, regulation or rule. History: L. 1996, ch. 202, § 76; July 1. KANSAS COMMENT, 1996 This section is new and is identical to the Official Text. It provides many standards for the duties imposed by sections 84-8-504 through 84-8-508. Under subsection (c), The duties of the securities intermediary to the entitlement holder are subordinate to the rights of the securities intermediary derived from obligations of the entitlement holder.