(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 or Puerto Rico 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 §§ 1701-1911 of this title, 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 §§ 1701-1911 of this title and not by §§ 501-755 of this title, even though it also meets the requirements of those sections. However, a negotiable instrument governed by §§ 501-755 of this title 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 § 2212(a)(15) of this title, is not a security or a financial asset.
History —Aug. 17, 1995, No. 208, added as § 8-103 on Sept. 19, 1996, No. 241, § 12; Jan. 17, 2012, No. 21, § 16, eff. 1 year after Jan. 17, 2012.