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HomeCommercial CodeDiv. 8Ch. 1§ 8112 Creditor Access To Securities

§ 8112 Creditor Access To Securities

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8112 Creditor Access To Securities

Key Takeaways

  • •If someone owes you money, you can take their stock certificates by grabbing the actual paper certificate, unless it's already with the company that issued it.
  • •If the stock doesn't have a paper certificate, you have to go through the company's main office in the U.S. to get it.
  • •If the stock is held by a broker or bank, you have to go through them to get it.
  • •If the stock is already being held by someone else as collateral for a loan, you have to go through that person to get it.

Example

John owes you $10,000 and won't pay. You know he owns stocks in a company.

If John has a paper stock certificate, you can take it from him to get your money. If he doesn't have the paper, you have to ask the company's main office for help. If his stocks are with his broker, you have to ask the broker.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8112 Creditor Access To Securities

(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subdivision (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer. (b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subdivision (d). (c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor’s securities account is maintained, except as otherwise provided in subdivision (d). (d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party. (e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process. (Added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

certificated securityuncertificated securitysecurity entitlementsecured partylegal process

Related Statutes

  • § 8108 Security Transfer Warranties
  • § 9106 Security And Commodity Control
  • § 8104 Security Interest Acquisition
  • § 8106 Security Purchaser Control Rules
  • § 8109 Entitlement Order Warranties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8112.
View Official Source