HRS §490:9-106
Who controls investment property in a secured deal
This section explains how a lender gets control over stocks, bonds, or commodity accounts used as collateral. Control follows the rules in another law for securities, or by agreement with the account holder. If the lender controls all the assets in an account, they control the whole account.
borrowersfinancial institutions
The statute, as written — Control of investment property
(a) A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 490:8-106. (b) 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) 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.
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