§490:8-201 - Issuer.

PART 2.  ISSUE AND ISSUER

 

     §490:8-201  Issuer.  (a)  With respect to an obligation on or a defense to a security, an "issuer" includes a person that:

     (1)  Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;

     (2)  Creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;

     (3)  Directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or

     (4)  Becomes responsible for, or in place of, another person described as an issuer in this section.

     (b)  With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.

     (c)  With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained. [L 1997, c 33, pt of §2]