Section 7-8-103 - Rules 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 article, 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 article and not by Article 3, even though it also meets the requirements of that article. However, a negotiable instrument governed by Article 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 Section 7-9A-102(a)(15), is not a security or a financial asset.(g) A document of title is not a financial asset unless Section 7-8-102(a)(9)(iii) applies.(h) A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless Section 7-8-102(a)(9)(iii) applies.Ala. Code § 7-8-103 (1975)
Amended by Act 2023-492,§ 1, eff. 7/1/2024.Acts 1996, No. 96-742, p. 1241, §1; Act 2001-481, p. 647, §2; Act 2004-315, p. 464, §2.