Understanding Customer Name Security: Legal Insights and Implications
Definition & Meaning
Customer name security refers to the protection of assets held in a customer's name during legal proceedings, such as bankruptcy. It includes securities that are:
- Held for the customer's account on the date a bankruptcy petition is filed.
- Registered in the customer's name or in the process of being registered under instructions from the debtor.
- Not transferable by delivery on the date of the filing.
Legal Use & context
This term is primarily used in bankruptcy law and financial regulations. It is relevant in situations where a debtor files for bankruptcy, as it helps determine which assets are protected from creditors. Understanding customer name security is essential for individuals and businesses involved in bankruptcy proceedings, as it can affect the distribution of assets.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A customer holds stocks in their name that are not transferable by delivery. If the customer files for bankruptcy, these stocks are considered customer name securities and are protected from creditors.
Example 2: A business has bonds registered in its name. Upon filing for bankruptcy, these bonds qualify as customer name securities since they meet the criteria outlined above. (hypothetical example)
Relevant laws & statutes
The primary legal reference for customer name security is found in the United States Bankruptcy Code, specifically 11 USCS § 741. This statute outlines the definitions and protections related to securities in bankruptcy cases.