Issuer

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  1. 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.
  2. 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.
  3. With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.

(Code 1981, §11-8-201, enacted by Ga. L. 1998, p. 1323, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Commercial Code, § 76.

C.J.S.

- 18 C.J.S., Corporations, § 217. 19 C.J.S., Corporations, §§ 664, 665. 64A C.J.S., Municipal Corporations, § 1701. 81A C.J.S., States, § 186 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 8-201.

ALR.

- Legal aspects of transactions in securities "when issued" or "when, as and if" issued, 88 A.L.R. 311.


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