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HomeCommercial CodeDiv. 8Ch. 1§ 8115 Securities Intermediary Liability Protection

§ 8115 Securities Intermediary Liability Protection

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

§ 8115 Securities Intermediary Liability Protection

Key Takeaways

  • •If a bank or broker follows your order to move or sell your stocks or money, they usually can’t get in trouble later if someone else claims they own it.
  • •But they *can* get in trouble if they ignore a court order that tells them to stop or freeze the money.
  • •They’re also in trouble if they team up with a bad guy to steal or cheat someone out of their money.
  • •If they know a stock certificate was stolen and still help sell it, they’re breaking the rules.

Example

You ask your bank to sell some of your stocks. Later, your ex-partner says those stocks were theirs, not yours.

The bank is safe and won’t get in trouble—unless they knew the stocks were stolen, ignored a court order to freeze them, or helped your ex steal them in the first place.

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

Official Source
View on CA.gov

§ 8115 Securities Intermediary Liability Protection

A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee did one or more of the following: (1) Took the action after it had been served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process. (2) Acted in collusion with the wrongdoer in violating the rights of the adverse claimant. (3) In the case of a security certificate that has been stolen, acted with notice of the adverse claim. (Added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

securities intermediaryadverse claimentitlement orderfinancial asset

Related Statutes

  • § 8109 Entitlement Order Warranties
  • § 8116 Securities Intermediary Purchaser Rights
  • § 8102 Financial Asset Definitions
  • § 8104 Security Interest Acquisition
  • § 8105 Notice Of Adverse Claims

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8115.
View Official Source