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
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• Withdrawn from Finance & Taxation (FRC) -HJ 00355; Now in General Government Appropriations |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• Withdrawn from General Government Appropriations -HJ 00436; In Economic Impact Council, pending ranking -HJ 00436 |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• Received, referred to Judiciary; Commerce and Economic Opportunities -SJ 00352; Withdrawn from Judiciary; Commerce and Economic Opportunities -SJ 00330; Substituted for CS/SB 644 -SJ 00330; Read second and third times -SJ 00330; Passed; YEAS 38 NAYS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 |
Related Bills
| 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) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| H 1083 Filed | 8/28/2000 11:07 AM | Web Page | PDF |
| H 1083 e1 | 8/28/2000 11:07 AM | Web Page | PDF |
| H 1083 er | 8/28/2000 11:07 AM | Web Page | PDF |
Committee Amendments
| Amendment | Sponsor | Filed | Last Committee Action | Format |
|---|---|---|---|---|
|
423393 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/20/1998 3:40 AM |
Web Page
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353949 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/23/1998 8:28 PM |
Web Page
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415615 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/23/1998 8:28 PM |
Web Page
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444677 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/23/1998 8:28 PM |
Web Page
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531183 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/23/1998 8:29 PM |
Web Page
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882179 - Technical Amendment |
Rules, Resolutions, & Ethics |
3/23/1998 8:30 PM |
Web Page
|
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 1083 | Financial Services (Post-Meeting) | 3/5/1997 12:00 AM |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| H 1083 e1 | 4/28/1997 3:11 PM | House | 116 Yeas - 0 Nays |
| H 1083 e1 | 3/24/1998 11:36 AM | House | 120 Yeas - 0 Nays |
| H 1083 e1 | 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. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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