Rules for Determining Whether Certain Obligations and Interests Are Securities or Financial Assets
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A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.
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.
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.
A writing that is a security certificate is governed by this chapter and not by chapter 3 of this title, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by chapter 3 of this title is a financial asset if it is held in a securities account.
An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
A commodity contract, as defined in § 47-9-102(a)(15), is not a security or a financial asset.
A document of title is not a financial asset unless § 47-8-102(a)(9)(iii) applies.