28-8-104. ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN. (1) A person acquires a security or an interest therein, under this chapter, if:
(a) The person is a purchaser to whom a security is delivered pursuant to section 28-8-301; or
(b) The person acquires a security entitlement to the security pursuant to section 28-8-501.
(2) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset.
(3) A person who acquires a security entitlement to a security or other financial asset has the rights specified in part 5 of this chapter, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in section 28-8-503.
(4) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule or agreement to transfer, deliver, present, surrender, exchange or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (1) or (2) of this section.
History:
[28-8-104, added 1995, ch. 272, sec. 2, p. 877.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 8 - INVESTMENT SECURITIES
Part 1 - SHORT TITLE AND GENERAL MATTERS
Section 28-8-101 - SHORT TITLE.
Section 28-8-102 - DEFINITIONS.
Section 28-8-104 - ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN.
Section 28-8-105 - NOTICE OF ADVERSE CLAIM.
Section 28-8-107 - WHETHER INDORSEMENT, INSTRUCTION OR ENTITLEMENT ORDER IS EFFECTIVE.
Section 28-8-108 - WARRANTIES IN DIRECT HOLDING.
Section 28-8-109 - WARRANTIES IN INDIRECT HOLDING.
Section 28-8-110 - APPLICABILITY AND CHOICE OF LAW.
Section 28-8-111 - CLEARING CORPORATION RULES.
Section 28-8-112 - CREDITOR’S LEGAL PROCESS.
Section 28-8-113 - STATUTE OF FRAUDS INAPPLICABLE.
Section 28-8-114 - EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES.
Section 28-8-115 - SECURITIES INTERMEDIARY AND OTHERS NOT LIABLE TO ADVERSE CLAIMANT.
Section 28-8-116 - SECURITIES INTERMEDIARY AS PURCHASER FOR VALUE.