§8-1103. Rules for determining whether certain obligations and interests are securities or financial assets
(1). A share or similar equity interest issued by a corporation, business trust, joint stock company or similar entity is a security.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(2). 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.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(3). 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. An interest in a partnership or limited liability company is a financial asset if it is held in a securities account.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(4). A writing that is a security certificate is governed by this Article and not by Article 3‑A, even though it also meets the requirements of that Article. A negotiable instrument governed by Article 3‑A is a financial asset if it is held in a securities account.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(5). An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(6). A commodity contract, as defined in section 9‑1102, subsection (15), is not a security or a financial asset.
[PL 1999, c. 699, Pt. B, §20 (AMD); PL 1999, c. 699, Pt. B, §28 (AFF).]
(7). A document of title is not a financial asset unless section 8‑1102, subsection (1), paragraph (i), subparagraph (iii) applies.
[PL 2009, c. 324, Pt. B, §26 (NEW); PL 2009, c. 324, Pt. B, §48 (AFF).]
SECTION HISTORY
PL 1997, c. 429, §B2 (NEW). PL 1999, c. 699, §B20 (AMD). PL 1999, c. 699, §B28 (AFF). PL 2009, c. 324, Pt. B, §26 (AMD). PL 2009, c. 324, Pt. B, §48 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 8-A: INVESTMENT SECURITIES
Part 1: SHORT TITLE AND GENERAL MATTERS
11 §8-1104. Acquisition of security or financial asset or interest in a security or financial asset
11 §8-1105. Notice of adverse claim
11 §8-1107. Whether indorsement, instruction or entitlement order is effective
11 §8-1108. Warranties in direct holding
11 §8-1109. Warranties in indirect holding
11 §8-1110. Applicability; choice of law
11 §8-1111. Clearing corporation rules
11 §8-1112. Creditor's legal process
11 §8-1113. Statute of frauds inapplicable
11 §8-1114. Evidentiary rules concerning certificated securities
11 §8-1115. Securities intermediary and others not liable to adverse claimant