(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 chapter, 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 chapter and not by Chapter 3, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by Chapter 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 Section 36-9-102(a)(15), is not a security or a financial asset.
(g) A document of title is not a financial asset unless Section 36-8-102(a)(9)(iii) applies.
HISTORY: 1962 Code Section 10.8-103; 1966 (54) 2716; 1991 Act No. 161, Section 1; 2001 Act No. 67, Section 5; 2014 Act No. 213 (S.343), Section 32, eff October 1, 2014.
Editor's Note
2014 Act No. 213, Section 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."
Effect of Amendment
2014 Act No. 213, Section 32, added subsection (g).
Structure South Carolina Code of Laws
Chapter 8 - Commercial Code - Investment Securities
Section 36-8-101. Short title.
Section 36-8-102. Definitions.
Section 36-8-104. Acquisition of security or financial asset or interest therein.
Section 36-8-105. Notice of adverse claim.
Section 36-8-107. Whether indorsement, instruction, or entitlement order is effective.
Section 36-8-108. Warranties in direct holding.
Section 36-8-109. Warranties in indirect holding.
Section 36-8-110. Applicability; choice of law.
Section 36-8-111. Clearing corporation rules.
Section 36-8-112. Creditor's legal process.
Section 36-8-113. Statute of frauds inapplicable.
Section 36-8-114. Evidentiary rules concerning certificated securities.
Section 36-8-115. Securities intermediary and others not liable to adverse claimant.
Section 36-8-116. Securities intermediary as purchaser for value.
Section 36-8-202. Issuer's responsibility and defenses; notice of defect or defense.
Section 36-8-203. Staleness as notice of defect or defense.
Section 36-8-204. Effect of issuer's restriction on transfer.
Section 36-8-205. Effect of unauthorized signature on security certificate.
Section 36-8-206. Completion or alteration of security certificate.
Section 36-8-207. Rights and duties of issuer with respect to registered owners.
Section 36-8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.
Section 36-8-209. Issuer's lien.
Section 36-8-302. Rights of purchaser.
Section 36-8-303. Protected purchaser.
Section 36-8-304. Indorsement.
Section 36-8-305. Instruction.
Section 36-8-306. Effect of guaranteeing signature, indorsement, or instruction.
Section 36-8-307. Registration of transfer of security; proof of authority to transfer.
Section 36-8-401. Duty of issuer to register transfer.
Section 36-8-402. Assurance that indorsement or instruction is effective.
Section 36-8-403. Demand that issuer not register transfer.
Section 36-8-404. Wrongful registration.
Section 36-8-405. Replacement of lost, destroyed, or wrongfully taken security certificate.
Section 36-8-407. Authenticating trustee, transfer agent, and registrar.
Section 36-8-502. Assertion of adverse claim against entitlement holder.
Section 36-8-504. Duty of securities intermediary to maintain financial asset.
Section 36-8-505. Duty of securities intermediary with respect to payments and distributions.
Section 36-8-507. Duty of securities intermediary to comply with entitlement order.
Section 36-8-510. Rights of purchaser of security entitlement from entitlement holder.
Section 36-8-511. Priority among security interests and entitlement holders.