Maryland § 9-305

Full text of Maryland Maryland Code § 9-305, with citation guidance and answers to common questions.

§ 9-305.

    (a)    Except as otherwise provided in subsection (c), the following rules apply:

        (1)    While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.

        (2)    The local law of the issuer’s jurisdiction as specified in § 8-110(d) of this article governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.

        (3)    The local law of the securities intermediary’s jurisdiction as specified in § 8-110(e) of this article governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.

        (4)    The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.

    (b)    The following rules determine a commodity intermediary’s jurisdiction for purposes of this subtitle:

        (1)    If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this subtitle, this title, or Titles 1 through 10 of this article, that jurisdiction is the commodity intermediary’s jurisdiction.

        (2)    If paragraph (1) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

        (3)    If neither paragraph (1) nor paragraph (2) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

        (4)    If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.

        (5)    If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.

    (c)    The local law of the jurisdiction in which the debtor is located governs:

        (1)    Perfection of a security interest in investment property by filing;

        (2)    Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and

        (3)    Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.

Frequently Asked Questions About Maryland § 9-305

What does Maryland Code § 9-305 cover?

Section 9-305 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 9-305?

A common citation format is "Maryland Code § 9-305" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 9-305 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.