Deferral of dispatch of the list of securities

(1) The commission agent may defer sending the list of securities where it has not been satisfied in respect of the claims due to it from executing the order and has not granted deferral. Entering the purchase price into the current account is not deemed deferral.
(2) The commission agent may exercise the power under paragraph 1 only where it declares to the principal that it will defer sending the list of securities, and therefore the transfer of ownership of the certificates, until satisfaction of its claims from executing the order. The declaration must be given expressly and in text form, separately for the particular transaction, and must be dispatched within one week of the notice of execution; it may not refer to other documents.
(3) Where the commission agent exercises the power under paragraph 1, the period for sending the list of securities begins at the earliest at the time when the commission agent is satisfied in respect of its claims from executing the order.
(4) Where the parties maintain a current account relationship with each other (section 355 of the Commercial Code), the commission agent is deemed satisfied in respect of the claims due to it from executing the order as soon as the sum of the credit items first reaches or exceeds that of the debit items. All items that were to be booked with value on the same day are to be taken into account. Where the commission agent maintains several accounts for the principal, only the account on which the commission transaction was to be booked is decisive.
(5) Where the commission agent is partly satisfied, it may not defer sending the list of securities where the deferral would, in the circumstances, in particular on account of the proportionate insignificance of the outstanding part, be contrary to good faith.