HB 1083: UCC/Investment Securities
GENERAL BILL by Financial Services ; Safley ; (CO-INTRODUCERS) Lippman ; Sanderson ; Bainter ; Ball ; Edwards ; Rayson ; Effman ; Flanagan ; Lawson ; Dennis ; Maygarden
UCC/Investment Securities; revises provisions re Uniform Commercial Code--Investment Securities; provides rules for determining whether certain obligations & interests are securities or financial assets; provides for acquisition of security or financial assets or interests; provides for control of certain securities; revises certain provisions re issue & issuer; provides rights & duties of issuer re registered owners; redefines "deposit account", etc. Amends FS.
Effective Date: 10/01/1998
Last Action: 4/14/1998 - Became Law without Governor's Signature; Chapter No. 98-11 -HJ 00559
Bill Text: Web Page | PDF
Last Action: 4/14/1998 - Became Law without Governor's Signature; Chapter No. 98-11 -HJ 00559
Bill Text: Web Page | PDF
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Bill History
Date Chamber Action 3/5/1997 House • Filed; Introduced -HJ 00120
3/19/1997 House • Referred to Finance & Taxation (FRC); General Government Appropriations -HJ 00241
4/1/1997 House • Withdrawn from Finance & Taxation (FRC) -HJ 00355; Now in General Government Appropriations
4/9/1997 House • Withdrawn from General Government Appropriations -HJ 00436; In Economic Impact Council, pending ranking -HJ 00436
4/10/1997 House • Placed on Economic Impact Council Calendar -HJ 00529
4/24/1997 House • Read second time -HJ 00750
4/28/1997 House • Read third time -HJ 01103; Passed; YEAS 116 NAYS 0 -HJ 01103
4/28/1997 Senate • In Messages
4/29/1997 Senate • Received, referred to Judiciary; Commerce and Economic Opportunities; Ways and Means -SJ 00939
5/2/1997 Senate • Upon adjournment in Senate Judiciary, Carried over to 1998 Session pursuant to House Rule 96, Placed on House Consent Calendar
3/3/1998 House • CARRIED OVER; Pending Consent Calendar
3/5/1998 House • Available for Consent Calendar
3/17/1998 House • Placed on Consent Calendar
3/24/1998 House • Read second time -HJ 00322; Amendment(s) adopted -HJ 00323; Read third time -HJ 00325; Passed as amended; YEAS 120 NAYS 0 -HJ 00325
3/25/1998 Senate • In Messages
4/1/1998 Senate • Received, referred to Judiciary; Commerce and Economic Opportunities -SJ 00352; Withdrawn from Judiciary; Commerce and Economic Opportunities -SJ 00330; Substituted for CS/SB 644 -SJ 00330; Read second and third times -SJ 00330; Passed; YEAS 38 NAYS 0 -SJ 00330; Immediately certified -SJ 00330
4/1/1998 House • Ordered enrolled -HJ 00430
4/6/1998 • Signed by Officers and presented to Governor -HJ 00470
4/14/1998 • Became Law without Governor's Signature; Chapter No. 98-11 -HJ 00559
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HB 1083, Enrolled (Current Bill Version) Posted 8/28/2000 at 11:07 AM
Bill Text: Web Page | PDF Analyses: None Related Bills (1)
Bill Number Subject Filed By Relationship Last Action and Location S 644 (c1) UCC/Investment Securities Silver Similar Last Action: 4/1/1998 S House Bill substituted -SJ 00330; Laid on Table, Iden./Sim./Compare Bill(s) passed, refer to HB 1083 (Ch. 98-11)
Location:Citations - Statutes (147)
Citation Catchline Location in Bill Location In Bill Help 610.011 Short title. 610.021 Definitions. 610.031 Registration in the name of a fiduciary. 610.041 Assignment by a fiduciary. 610.051 Evidence of appointment or incumbency. 610.061 Adverse claims. 610.071 Nonliability of corporation or transfer agent. 610.081 Nonliability of third persons. 610.091 Territorial application. 610.101 Tax obligations. 610.111 Uniformity of interpretation. 671.105 Territorial application of the code; parties' power to choose applicable law. 671.206 Statute of frauds for kinds of personal property not otherwise covered. 671.304 Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained. 674.104 Definitions and index of definitions. 675.114 Issuer's duty and privilege to honor; right to reimbursement. 678.1011 678.102 Definitions and index of definitions. 678.1021 678.103 Issuer's lien. 678.1031 678.104 Effect of overissue; "overissue." 678.1041 678.105 Certificated securities negotiable; statements and instructions not negotiable; presumptions. 678.1051 678.106 Applicability. 678.1061 678.107 Securities transferable; action for price. 678.1071 678.108 Registration of pledge and release of uncertificated securities. 678.1081 678.1091 678.1101 678.1111 678.1121 678.1131 678.1141 678.1151 678.1161 678.201 "Issuer." 678.2011 678.202 Issuer's responsibility and defenses; notice of defect or defense. 678.2021 678.203 Staleness as notice of defects or defenses. 678.2031 678.204 Effect of issuer's restrictions on transfer. 678.2041 678.205 Effect of unauthorized signature on certificated security or initial transaction statement. 678.2051 678.206 Completion or alteration of certificated security or initial transaction statement. 678.2061 678.207 Rights and duties of issuer with respect to registered owners and registered pledgees. 678.2071 678.208 Effect of signature of authenticating trustee, registrar, or transfer agent. 678.2081 678.2091 678.2101 678.301 Rights acquired by purchaser. 678.3011 678.302 "Bona fide purchaser"; "adverse claim"; title acquired by bona fide purchaser. 678.3021 678.303 "Broker." 678.3031 678.304 Notice to purchaser of adverse claims. 678.3041 678.305 Staleness as notice of adverse claims. 678.3051 678.306 Warranties on presentment and transfer of certificated securities; warranties of originators of instructions. 678.3061 678.307 Effect of delivery without indorsement; right to compel indorsement. 678.3071 678.308 Indorsements; instructions. 678.309 Effect of indorsement without delivery. 678.310 Indorsement of certificated security in bearer form. 678.311 Effect of unauthorized indorsement or instruction. 678.312 Effect of guaranteeing signature, indorsement, or instruction. 678.313 When transfer to purchaser occurs; financial intermediary as bona fide purchaser; "financial intermediary." 678.314 Duty to transfer, when completed. 678.315 Action against transferee based upon wrongful transfer. 678.316 Purchaser's right to requisites for registration of transfer, pledge, or release on books. 678.317 Creditors' rights. 678.318 No conversion by good faith conduct. 678.319 Statute of frauds. 678.320 Transfer or pledge within central depository system. 678.321 Enforceability, attachment, perfection, and termination of security interests. 678.401 Duty of issuer to register transfer, pledge, or release. 678.4011 678.402 Assurance that indorsements and instructions are effective. 678.4021 678.403 Issuer's duty as to adverse claims. 678.4031 678.404 Liability and nonliability for registration. 678.4041 678.405 Lost, destroyed, and stolen certificated securities. 678.4051 678.406 Duty of authenticating trustee, transfer agent, or registrar. 678.4061 678.407 Exchangeability of securities. 678.4071 678.408 Statements of uncertificated securities. 678.5011 678.5021 678.5031 678.5041 678.5051 678.5061 678.5071 678.5081 678.5091 678.5101 678.5111 679.103 Perfection of security interests in multiple state transactions. 679.105 Definitions and index of definitions. 679.106 Definitions 679.111 Applicability of bulk transfer laws. 679.115 679.116 679.203 Enforceability of security interest; proceeds, formal requisites. 679.301 Persons who take priority over unperfected security interests; right of "lien creditor." 679.302 When filing is required to perfect security interest; security interests to which filing provisions of this chapter do not apply. 679.303 When security interest is perfected; continuity of perfection. 679.304 Perfection of security interest in instruments, documents, and goods covered by documents; perfection by permissive filing; temporary perfection without filing or transfer of possession. 679.305 When possession by secured party perfects security interest without filing. 679.306 "Proceeds"; secured party's rights on disposition of collateral. 679.309 Protection of purchasers of instruments, documents, and securities. 679.312 Priorities among conflicting security interests in the same collateral. 680.1031 Definitions and index of definitions. 680.1041 Leases subject to other statutes. 680.303 Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; assignment of rights. 680.304 Subsequent lease of goods by lessor. 680.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. 680.309 Lessor's and lessee's rights when goods become fixtures. 680.32 680.501 Default 680.503 Modification or impairment of rights and remedies. 680.507 Proof of market rent; time and place. 680.508 Lessee's remedies. 680.516 Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over. 680.518 Cover; substitute goods. 680.519 Lessee's damages for nondelivery, repudiation, default, or breach of warranty in regard to accepted goods. 680.523 Lessor's remedies. 680.524 Lessor's right to identify goods to lease contract. 680.525 Lessor's right to possession of goods. 680.527 Lessor's rights to dispose of goods. 680.528 Lessor's damages for nonacceptance or repudiation. 680.529 Lessor's action for the rent. 680.532 Lessor recovery for loss of residual interest. -
HB 1083, Engrossed 1 Posted 8/28/2000 at 11:07 AM
Bill Text: Web Page | PDF Analyses: None Floor Votes (3)
Date Chamber Result 4/28/1997 3:11 PM House 116 Yeas - 0 Nays 3/24/1998 11:36 AM House 120 Yeas - 0 Nays 4/1/1998 9:44 AM Senate 38 Yeas - 0 Nays Citations - Statutes (147)
Citation Catchline Location in Bill Location In Bill Help 610.011 Short title. 610.021 Definitions. 610.031 Registration in the name of a fiduciary. 610.041 Assignment by a fiduciary. 610.051 Evidence of appointment or incumbency. 610.061 Adverse claims. 610.071 Nonliability of corporation or transfer agent. 610.081 Nonliability of third persons. 610.091 Territorial application. 610.101 Tax obligations. 610.111 Uniformity of interpretation. 671.105 Territorial application of the code; parties' power to choose applicable law. 671.206 Statute of frauds for kinds of personal property not otherwise covered. 671.304 Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained. 674.104 Definitions and index of definitions. 675.114 Issuer's duty and privilege to honor; right to reimbursement. 678.1011 678.102 Definitions and index of definitions. 678.1021 678.103 Issuer's lien. 678.1031 678.104 Effect of overissue; "overissue." 678.1041 678.105 Certificated securities negotiable; statements and instructions not negotiable; presumptions. 678.1051 678.106 Applicability. 678.1061 678.107 Securities transferable; action for price. 678.1071 678.108 Registration of pledge and release of uncertificated securities. 678.1081 678.1091 678.1101 678.1111 678.1121 678.1131 678.1141 678.1151 678.1161 678.201 "Issuer." 678.2011 678.202 Issuer's responsibility and defenses; notice of defect or defense. 678.2021 678.203 Staleness as notice of defects or defenses. 678.2031 678.204 Effect of issuer's restrictions on transfer. 678.2041 678.205 Effect of unauthorized signature on certificated security or initial transaction statement. 678.2051 678.206 Completion or alteration of certificated security or initial transaction statement. 678.2061 678.207 Rights and duties of issuer with respect to registered owners and registered pledgees. 678.2071 678.208 Effect of signature of authenticating trustee, registrar, or transfer agent. 678.2081 678.2091 678.2101 678.301 Rights acquired by purchaser. 678.3011 678.302 "Bona fide purchaser"; "adverse claim"; title acquired by bona fide purchaser. 678.3021 678.303 "Broker." 678.3031 678.304 Notice to purchaser of adverse claims. 678.3041 678.305 Staleness as notice of adverse claims. 678.3051 678.306 Warranties on presentment and transfer of certificated securities; warranties of originators of instructions. 678.3061 678.307 Effect of delivery without indorsement; right to compel indorsement. 678.3071 678.308 Indorsements; instructions. 678.309 Effect of indorsement without delivery. 678.310 Indorsement of certificated security in bearer form. 678.311 Effect of unauthorized indorsement or instruction. 678.312 Effect of guaranteeing signature, indorsement, or instruction. 678.313 When transfer to purchaser occurs; financial intermediary as bona fide purchaser; "financial intermediary." 678.314 Duty to transfer, when completed. 678.315 Action against transferee based upon wrongful transfer. 678.316 Purchaser's right to requisites for registration of transfer, pledge, or release on books. 678.317 Creditors' rights. 678.318 No conversion by good faith conduct. 678.319 Statute of frauds. 678.320 Transfer or pledge within central depository system. 678.321 Enforceability, attachment, perfection, and termination of security interests. 678.401 Duty of issuer to register transfer, pledge, or release. 678.4011 678.402 Assurance that indorsements and instructions are effective. 678.4021 678.403 Issuer's duty as to adverse claims. 678.4031 678.404 Liability and nonliability for registration. 678.4041 678.405 Lost, destroyed, and stolen certificated securities. 678.4051 678.406 Duty of authenticating trustee, transfer agent, or registrar. 678.4061 678.407 Exchangeability of securities. 678.4071 678.408 Statements of uncertificated securities. 678.5011 678.5021 678.5031 678.5041 678.5051 678.5061 678.5071 678.5081 678.5091 678.5101 678.5111 679.103 Perfection of security interests in multiple state transactions. 679.105 Definitions and index of definitions. 679.106 Definitions 679.111 Applicability of bulk transfer laws. 679.115 679.116 679.203 Enforceability of security interest; proceeds, formal requisites. 679.301 Persons who take priority over unperfected security interests; right of "lien creditor." 679.302 When filing is required to perfect security interest; security interests to which filing provisions of this chapter do not apply. 679.303 When security interest is perfected; continuity of perfection. 679.304 Perfection of security interest in instruments, documents, and goods covered by documents; perfection by permissive filing; temporary perfection without filing or transfer of possession. 679.305 When possession by secured party perfects security interest without filing. 679.306 "Proceeds"; secured party's rights on disposition of collateral. 679.309 Protection of purchasers of instruments, documents, and securities. 679.312 Priorities among conflicting security interests in the same collateral. 680.1031 Definitions and index of definitions. 680.1041 Leases subject to other statutes. 680.303 Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; assignment of rights. 680.304 Subsequent lease of goods by lessor. 680.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. 680.309 Lessor's and lessee's rights when goods become fixtures. 680.32 680.501 Default 680.503 Modification or impairment of rights and remedies. 680.507 Proof of market rent; time and place. 680.508 Lessee's remedies. 680.516 Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over. 680.518 Cover; substitute goods. 680.519 Lessee's damages for nondelivery, repudiation, default, or breach of warranty in regard to accepted goods. 680.523 Lessor's remedies. 680.524 Lessor's right to identify goods to lease contract. 680.525 Lessor's right to possession of goods. 680.527 Lessor's rights to dispose of goods. 680.528 Lessor's damages for nonacceptance or repudiation. 680.529 Lessor's action for the rent. 680.532 Lessor recovery for loss of residual interest. -
HB 1083, Original Filed Version Posted 8/28/2000 at 11:07 AM
Bill Text: Web Page | PDF Analyses: Financial Services (Post-Meeting) 3/5/1997 (pdf)
Committee Amendments (6)
Amendment Sponsor Filed Last Committee Action Format 423393 - Technical Amendment
Rules, Resolutions, & Ethics 3/20/1998
3:40 AMWeb Page
PDF353949 - Technical Amendment
Rules, Resolutions, & Ethics 3/23/1998
8:28 PMWeb Page
PDF415615 - Technical Amendment
Rules, Resolutions, & Ethics 3/23/1998
8:28 PMWeb Page
PDF444677 - Technical Amendment
Rules, Resolutions, & Ethics 3/23/1998
8:28 PMWeb Page
PDF531183 - Technical Amendment
Rules, Resolutions, & Ethics 3/23/1998
8:29 PMWeb Page
PDF882179 - Technical Amendment
Rules, Resolutions, & Ethics 3/23/1998
8:30 PMWeb Page
PDFFloor Amendments (1)
Amendment Sponsor Filed Last Floor Action Format 491963 - Amendment
Safley 3/23/1998
8:28 PMWeb Page
PDFCitations - Statutes (147)
Citation Catchline Location in Bill Location In Bill Help 610.011 Short title. 610.021 Definitions. 610.031 Registration in the name of a fiduciary. 610.041 Assignment by a fiduciary. 610.051 Evidence of appointment or incumbency. 610.061 Adverse claims. 610.071 Nonliability of corporation or transfer agent. 610.081 Nonliability of third persons. 610.091 Territorial application. 610.101 Tax obligations. 610.111 Uniformity of interpretation. 671.105 Territorial application of the code; parties' power to choose applicable law. 671.206 Statute of frauds for kinds of personal property not otherwise covered. 671.304 Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained. 674.104 Definitions and index of definitions. 675.114 Issuer's duty and privilege to honor; right to reimbursement. 678.1011 678.102 Definitions and index of definitions. 678.1021 678.103 Issuer's lien. 678.1031 678.104 Effect of overissue; "overissue." 678.1041 678.105 Certificated securities negotiable; statements and instructions not negotiable; presumptions. 678.1051 678.106 Applicability. 678.1061 678.107 Securities transferable; action for price. 678.1071 678.108 Registration of pledge and release of uncertificated securities. 678.1081 678.1091 678.1101 678.1111 678.1121 678.1131 678.1141 678.1151 678.1161 678.201 "Issuer." 678.2011 678.202 Issuer's responsibility and defenses; notice of defect or defense. 678.2021 678.203 Staleness as notice of defects or defenses. 678.2031 678.204 Effect of issuer's restrictions on transfer. 678.2041 678.205 Effect of unauthorized signature on certificated security or initial transaction statement. 678.2051 678.206 Completion or alteration of certificated security or initial transaction statement. 678.2061 678.207 Rights and duties of issuer with respect to registered owners and registered pledgees. 678.2071 678.208 Effect of signature of authenticating trustee, registrar, or transfer agent. 678.2081 678.2091 678.2101 678.301 Rights acquired by purchaser. 678.3011 678.302 "Bona fide purchaser"; "adverse claim"; title acquired by bona fide purchaser. 678.3021 678.303 "Broker." 678.3031 678.304 Notice to purchaser of adverse claims. 678.3041 678.305 Staleness as notice of adverse claims. 678.3051 678.306 Warranties on presentment and transfer of certificated securities; warranties of originators of instructions. 678.3061 678.307 Effect of delivery without indorsement; right to compel indorsement. 678.3071 678.308 Indorsements; instructions. 678.309 Effect of indorsement without delivery. 678.310 Indorsement of certificated security in bearer form. 678.311 Effect of unauthorized indorsement or instruction. 678.312 Effect of guaranteeing signature, indorsement, or instruction. 678.313 When transfer to purchaser occurs; financial intermediary as bona fide purchaser; "financial intermediary." 678.314 Duty to transfer, when completed. 678.315 Action against transferee based upon wrongful transfer. 678.316 Purchaser's right to requisites for registration of transfer, pledge, or release on books. 678.317 Creditors' rights. 678.318 No conversion by good faith conduct. 678.319 Statute of frauds. 678.320 Transfer or pledge within central depository system. 678.321 Enforceability, attachment, perfection, and termination of security interests. 678.401 Duty of issuer to register transfer, pledge, or release. 678.4011 678.402 Assurance that indorsements and instructions are effective. 678.4021 678.403 Issuer's duty as to adverse claims. 678.4031 678.404 Liability and nonliability for registration. 678.4041 678.405 Lost, destroyed, and stolen certificated securities. 678.4051 678.406 Duty of authenticating trustee, transfer agent, or registrar. 678.4061 678.407 Exchangeability of securities. 678.4071 678.408 Statements of uncertificated securities. 678.5011 678.5021 678.5031 678.5041 678.5051 678.5061 678.5071 678.5081 678.5091 678.5101 678.5111 679.103 Perfection of security interests in multiple state transactions. 679.105 Definitions and index of definitions. 679.106 Definitions 679.111 Applicability of bulk transfer laws. 679.115 679.116 679.203 Enforceability of security interest; proceeds, formal requisites. 679.301 Persons who take priority over unperfected security interests; right of "lien creditor." 679.302 When filing is required to perfect security interest; security interests to which filing provisions of this chapter do not apply. 679.303 When security interest is perfected; continuity of perfection. 679.304 Perfection of security interest in instruments, documents, and goods covered by documents; perfection by permissive filing; temporary perfection without filing or transfer of possession. 679.305 When possession by secured party perfects security interest without filing. 679.306 "Proceeds"; secured party's rights on disposition of collateral. 679.309 Protection of purchasers of instruments, documents, and securities. 679.312 Priorities among conflicting security interests in the same collateral. 680.1031 Definitions and index of definitions. 680.1041 Leases subject to other statutes. 680.303 Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; assignment of rights. 680.304 Subsequent lease of goods by lessor. 680.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. 680.309 Lessor's and lessee's rights when goods become fixtures. 680.32 680.501 Default 680.503 Modification or impairment of rights and remedies. 680.507 Proof of market rent; time and place. 680.508 Lessee's remedies. 680.516 Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over. 680.518 Cover; substitute goods. 680.519 Lessee's damages for nondelivery, repudiation, default, or breach of warranty in regard to accepted goods. 680.523 Lessor's remedies. 680.524 Lessor's right to identify goods to lease contract. 680.525 Lessor's right to possession of goods. 680.527 Lessor's rights to dispose of goods. 680.528 Lessor's damages for nonacceptance or repudiation. 680.529 Lessor's action for the rent. 680.532 Lessor recovery for loss of residual interest.