84-8-103. 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 K.S.A. 2021 Supp. 84-9-102(a)(15), and amendments thereto, is not a security or a financial asset.
(g) A document of title is not a financial asset unless K.S.A. 84-8-102(a)(9)(iii), and amendments thereto, applies.
History: L. 1996, ch. 202, § 30; L. 2000, ch. 142, § 148; L. 2007, ch. 90, § 64; July 1, 2008.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 8 - Investment Securities
84-8-104 Acquisition of security or financial asset or interest therein.
84-8-105 Notice of adverse claim.
84-8-107 Whether indorsement, instruction or entitlement order is effective.
84-8-108 Warranties in direct holding.
84-8-109 Warranties in indirect holding.
84-8-110 Applicability; choice of law.
84-8-111 Clearing corporation rules.
84-8-112 Creditor's legal process.
84-8-113 Statute of frauds inapplicable.
84-8-114 Evidentiary rules concerning certificated securities.
84-8-115 Securities intermediary and others not liable to adverse claimant.
84-8-116 Securities intermediary as purchaser for value.
84-8-202 Issuer's responsibility and defenses; notice of defect or defense.
84-8-203 Staleness as notice of defect or defense.
84-8-204 Effect of issuer's restriction on transfer.
84-8-205 Effect of unauthorized signature on security certificate.
84-8-206 Completion or alteration of security certificate.
84-8-207 Rights and duties of issuer with respect to registered owners.
84-8-208 Effect of signature of authenticating trustee, registrar or transfer agent.
84-8-306 Effect of guaranteeing signature, indorsement or instruction.
84-8-307 Purchaser's right to requisites for registration of transfer.
84-8-401 Duty of issuer to register transfer.
84-8-402 Assurance that indorsement or instruction is effective.
84-8-403 Demand that issuer not register transfer.
84-8-404 Wrongful registration.
84-8-405 Replacement of lost, destroyed or wrongfully taken security certificate.
84-8-406 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate.
84-8-407 Authenticating trustee, transfer agent and registrar.
84-8-501 Securities account; acquisition of security entitlement from securities intermediary.
84-8-502 Assertion of adverse claim against entitlement holder.
84-8-503 Property interest of entitlement holder in financial asset held by securities intermediary.
84-8-504 Duty of securities intermediary to maintain financial asset.
84-8-505 Duty of securities intermediary with respect to payments and distributions.
84-8-506 Duty of securities intermediary to exercise rights as directed by entitlement holder.
84-8-507 Duty of securities intermediary to comply with entitlement order.
84-8-510 Rights of purchaser of security entitlement from entitlement holder.
84-8-511 Priority among security interests and entitlement holders.