Vermont § 328 - § 9—328.

Full text of Vermont Vermont Statutes Online § 328 — § 9—328., with citation guidance and answers to common questions.

§ 328. § 9—328.

  • Priority of security interests in investment property The following rules govern priority among conflicting security interests in the same
    investment property: (1) A security interest held by a secured party having control of investment property
    under section 9—106 of this title has priority over a security interest held by a secured party that does not have
    control of the investment property. (2) Except as otherwise provided in subdivisions (3) and (4) of this section, conflicting
    security interests held by secured parties each of which has control under section 9—106 of this title rank according to priority in time of: (A) if the collateral is a security, obtaining control; (B) if the collateral is a security entitlement carried in a securities account and: (i) if the secured party obtained control under subdivision 8—106(d)(1) of this title, the secured party’s becoming the person for which the securities account is maintained; (ii) if the secured party obtained control under subdivision 8—106(d)(2) of this title, the securities intermediary’s agreement to comply with the secured party’s entitlement
    orders with respect to security entitlements carried or to be carried in the securities
    account; or (iii) if the secured party obtained control through another person under subdivision 8—106(d)(3) of this title, the time on which priority would be based under this paragraph if the other person
    were the secured party; or (C) if the collateral is a commodity contract carried with a commodity intermediary, the
    satisfaction of the requirement for control specified in subdivision 9—106(b)(2) of this title with respect to commodity contracts carried or to be carried with the commodity intermediary. (3) A security interest held by a securities intermediary in a security entitlement or
    a securities account maintained with the securities intermediary has priority over
    a conflicting security interest held by another secured party. (4) A security interest held by a commodity intermediary in a commodity contract or a
    commodity account maintained with the commodity intermediary has priority over a conflicting
    security interest held by another secured party. (5) A security interest in a certificated security in registered form which is perfected
    by taking delivery under subsection 9—313(a) of this title and not by control under section 9—314 of this title has priority over a conflicting security interest perfected by a method other than
    control. (6) Conflicting security interests created by a broker, securities intermediary, or commodity
    intermediary which are perfected without control under section 9—106 of this title rank equally. (7) In all other cases, priority among conflicting security interests in investment property
    is governed by sections 9—322 and 9—323 of this title. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)

Frequently Asked Questions About Vermont § 328

What does Vermont Statutes Online § 328 cover?

Section 328 ("§ 9—328.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 328?

A common citation format is "Vermont Statutes Online § 328" (Vermont). 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 Vermont law?

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

How does Vermont § 328 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.