A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.
History: 1978 Comp., § 55-8-113, enacted by Laws 1996, ch. 47, § 17.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
This section provides that the statute of frauds does not apply to contracts for the sale of securities, reversing prior law which had a special statute of frauds in Section 8-319 (1978) [55-8-319 NMSA 1978]. With the increasing use of electronic means of communication, the statute of frauds is unsuited to the realities of the securities business. For securities transactions, whatever benefits a statute of frauds may play in filtering out fraudulent claims are outweighed by the obstacles it places in the development of modern commercial practices in the securities business.
"Action" Section 1-201(1) [55-1-201 NMSA 1978]
"Contract" Section 1-201(11)
"Writing" Section 1-201(46)
Structure 2021 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 8 - Investment Securities
Part 1 - SHORT TITLE AND GENERAL MATTERS
Section 55-8-101 - Short title.
Section 55-8-102 - Definitions.
Section 55-8-104 - Acquisition of security or financial asset or interest therein.
Section 55-8-105 - Notice of adverse claim.
Section 55-8-107 - Whether indorsement, instruction or entitlement order is effective.
Section 55-8-108 - Warranties in direct holding.
Section 55-8-109 - Warranties in indirect holding.
Section 55-8-110 - Applicability; choice of law.
Section 55-8-111 - Clearing corporation rules.
Section 55-8-112 - Creditor's legal process.
Section 55-8-113 - Statute of frauds inapplicable.
Section 55-8-114 - Evidentiary rules concerning certificated securities.
Section 55-8-115 - Securities intermediary and others not liable to adverse claimant.
Section 55-8-116 - Securities intermediary as purchaser for value.