# 11 M.R.S. § 8-1107: 11 §8-1107. Whether indorsement, instruction or entitlement order is effective

> Maine · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1107

## Section

- **Citation:** 11 M.R.S. § 8-1107
- **Heading:** 11 §8-1107. Whether indorsement, instruction or entitlement order is effective
- **Jurisdiction:** Maine
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ME Code / Title 11 / Chapter 8-A / Section 8-1107

## Text

(1). "Appropriate person" means: (a). With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security; [PL 1997, c. 429, Pt. B, §2 (NEW).] (b). With respect to an instruction, the registered owner of an uncertificated security; [PL 1997, c. 429, Pt. B, §2 (NEW).] (c). With respect to an entitlement order, the entitlement holder; [PL 1997, c. 429, Pt. B, §2 (NEW).] (d). If the person designated in paragraph (a) , (b) or (c) is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or [PL 1997, c. 429, Pt. B, §2 (NEW).] (e). If the person designated in paragraph (a) , (b) , or (c) lacks capacity, the designated person's guardian, conservator or other similar representative who has power under other law to transfer the security or financial asset. [PL 1997, c. 429, Pt. B, §2 (NEW).] [PL 1997, c. 429, Pt. B, §2 (NEW).]

(2). An indorsement, instruction or entitlement order is effective if: (a). It is made by the appropriate person; [PL 1997, c. 429, Pt. B, §2 (NEW).] (b). It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under Section 8‑1106, subsection (3), paragraph (b) or subsection (4), paragraph (b) ; or [PL 1997, c. 429, Pt. B, §2 (NEW).] (c). The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness. [PL 1997, c. 429, Pt. B, §2 (NEW).] [PL 1997, c. 429, Pt. B, §2 (NEW).]

(3). An indorsement, instruction or entitlement order made by a representative is effective even if: (a). The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or [PL 1997, c. 429, Pt. B, §2 (NEW).] (b). The representative's action in making the indorsement, instruction or entitlement order or using the proceeds of the transaction is otherwise a breach of duty. [PL 1997, c. 429, Pt. B, §2 (NEW).] [PL 1997, c. 429, Pt. B, §2 (NEW).]

(4). If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction or entitlement order made by the person is effective even though the person is no longer serving in the described capacity. [PL 1997, c. 429, Pt. B, §2 (NEW).]

(5). Effectiveness of an indorsement, instruction or entitlement order is determined as of the date the indorsement, instruction or entitlement order is made, and an indorsement, instruction or entitlement order does not become ineffective by reason of any later change of circumstances. [PL 1997, c. 429, Pt. B, §2 (NEW).]

## Nearby sections

- [11 M.R.S. § 8-1101 11 §8-1101. Short title](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1101.md)
- [11 M.R.S. § 8-1102 11 §8-1102. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1102.md)
- [11 M.R.S. § 8-1103 11 §8-1103. Rules for determining whether certain obligations and interests are securities or financial assets](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1103.md)
- [11 M.R.S. § 8-1104 11 §8-1104. Acquisition of security or financial asset or interest in a security or financial asset](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1104.md)
- [11 M.R.S. § 8-1105 11 §8-1105. Notice of adverse claim](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1105.md)
- [11 M.R.S. § 8-1106 11 §8-1106. Control](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1106.md)
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- [11 M.R.S. § 8-1108 11 §8-1108. Warranties in direct holding](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1108.md)
- [11 M.R.S. § 8-1109 11 §8-1109. Warranties in indirect holding](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1109.md)
- [11 M.R.S. § 8-1110 11 §8-1110. Applicability; choice of law](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1110.md)
- [11 M.R.S. § 8-1111 11 §8-1111. Clearing corporation rules](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1111.md)
- [11 M.R.S. § 8-1112 11 §8-1112. Creditor's legal process](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1112.md)
- [11 M.R.S. § 8-1113 11 §8-1113. Statute of frauds inapplicable](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1113.md)
- [11 M.R.S. § 8-1114 11 §8-1114. Evidentiary rules concerning certificated securities](https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_T11_C8-A_S8-1107. Check the current official text before relying on it. Not legal advice.
