12A:8-103 - Rule for determining whether certain obligations and interests are securities or financial assets

12A:8-103  Rule for determining whether certain obligations and interests are securities or financial assets.

12A:8-103.  Rule for Determining whether Certain Obligations and Interests are Securities or Financial Assets.

a.A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.

b.An "investment company security" is a security.  "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered.  Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.

c.An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter, or it is an investment company security.  However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.

d.A writing that is a security certificate is governed by this chapter and not by chapter 3, even though it also meets the requirements of that chapter.  However, a negotiable instrument governed by chapter 3 is a financial asset if it is held in a securities account.

e.An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.

f.A commodity contract, as defined in 12A:9-102 (a) (15), is not a security or a financial asset.

L.1997, c.252, s.1; amended 2001, c.117, s.17; 2001, c.386, s.133.