25-8-103. 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 of this Chapter, 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 G.S. 25-9-102(a)(15), is not a security or financial asset.
(g) A document of title is not a financial asset unless G.S. 25-8-102(a)(9)(iii) applies. (1941, c. 353, s. 15; G.S., s. 55-95; 1955, c. 1371, s. 2; 1965, c. 700, s. 1; 1989, c. 588, s. 1; 1997-181, s. 1; 1998-217, s. 5; 2000-169, s. 21; 2006-112, s. 43.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 8 - Investment Securities.
§ 25-8-104 - Acquisition of security or financial asset or interest therein.
§ 25-8-105 - Notice of adverse claim.
§ 25-8-107 - Whether indorsement, instruction, or entitlement order is effective.
§ 25-8-108 - Warranties in direct holding.
§ 25-8-109 - Warranties in indirect holding.
§ 25-8-110 - Applicability; choice of law.
§ 25-8-111 - Clearing corporation rules.
§ 25-8-112 - Creditor's legal process.
§ 25-8-113 - Statute of frauds inapplicable.
§ 25-8-114 - Evidentiary rules concerning certificated securities.
§ 25-8-115 - Securities intermediary and others not liable to adverse claimant.
§ 25-8-116 - Securities intermediary as purchaser for value.
§ 25-8-202 - Issuer's responsibility and defenses; notice of defect or defense.
§ 25-8-203 - Staleness as notice of defect or defense.
§ 25-8-204 - Effect of issuer's restriction on transfer.
§ 25-8-205 - Effect of unauthorized signature on security certificate.
§ 25-8-206 - Completion of alteration of security certificate.
§ 25-8-207 - Rights and duties of issuer with respect to registered owners.
§ 25-8-208 - Effect of signature of authenticating trustee, registrar, or transfer agent.
§ 25-8-302 - Rights of purchaser.
§ 25-8-303 - Protected purchaser.
§ 25-8-306 - Effect of guaranteeing signature, indorsement, or instruction.
§ 25-8-307 - Purchaser's right to requisites for registration of transfer.
§ 25-8-401 - Duty of issuer to register transfer.
§ 25-8-402 - Assurance that indorsement or instruction is effective.
§ 25-8-403 - Demand that issuer not register transfer.
§ 25-8-404 - Wrongful registration.
§ 25-8-405 - Replacement of lost, destroyed, or wrongfully taken security certificate.
§ 25-8-407 - Authenticating trustee, transfer agent, and registrar.
§ 25-8-501 - Securities account; acquisition of security entitlement from securities intermediary.
§ 25-8-502 - Assertion of adverse claim against entitlement holder.
§ 25-8-504 - Duty of securities intermediary to maintain financial asset.
§ 25-8-505 - Duty of securities intermediary with respect to payments and distributions.
§ 25-8-506 - Duty of securities intermediary to exercise rights as directed by entitlement holder.
§ 25-8-507 - Duty of securities intermediary to comply with entitlement order.
§ 25-8-510 - Rights of purchaser of security entitlement from entitlement holder.
§ 25-8-511 - Priority among security interests and entitlement holders.