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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.
Table of content
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.
Key legal elements
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.
Comparison with related terms
Term
Definition
Difference
Customer Name Security
Assets held in a customer's name, protected during bankruptcy.
Focuses specifically on securities and their protection in bankruptcy.
Secured Debt
Debt backed by collateral.
Secured debt involves loans, while customer name security pertains to specific assets held for customers.
Common misunderstandings
What to do if this term applies to you
If you believe customer name security applies to your situation, consider the following steps:
Review your assets to determine if they meet the criteria for customer name securities.
Consult with a legal professional to understand your rights and obligations in a bankruptcy situation.
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