South Dakota Codified Laws
Chapter 08 - Investment Securities
Section 57A-8-104 - Acquisition of security or financial asset or interest therein.

57A-8-104. Acquisition of security or financial asset or interest therein.
(a)A person acquires a security or an interest therein, under this chapter, if:
(1)The person is a purchaser to whom a security is delivered pursuant to §57A-8-301; or
(2)The person acquires a security entitlement to the security pursuant to §57A-8-501.
(b)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.
(c)A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in §57A-8-503.
(d)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 (a) or (b).

Source: SL 1998, ch 284, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 57A - Uniform Commercial Code

Chapter 08 - Investment Securities

Section 57A-8-101 - Short title.

Section 57A-8-102 - Definitions.

Section 57A-8-103 - Rules for determining whether certain obligations and interests are securities or financial assets.

Section 57A-8-104 - Acquisition of security or financial asset or interest therein.

Section 57A-8-105 - Notice of adverse claim.

Section 57A-8-106 - Control.

Section 57A-8-107 - Whether endorsement, instruction, or entitlement order is effective.

Section 57A-8-108 - Warranties in direct holding.

Section 57A-8-109 - Warranties in indirect holding.

Section 57A-8-110 - Applicability--Choice of law.

Section 57A-8-111 - Clearing corporation rules.

Section 57A-8-112 - Creditor's legal process.

Section 57A-8-113 - Statute of frauds inapplicable.

Section 57A-8-114 - Evidentiary rules concerning certificated securities.

Section 57A-8-115 - Securities intermediary and others not liable to adverse claimant.

Section 57A-8-116 - Securities intermediary as purchaser for value.

Section 57A-8-201 - Issuer.

Section 57A-8-202 - Issuer's responsibility and defenses; notice of defect or defense.

Section 57A-8-203 - Staleness as notice of defect or defense.

Section 57A-8-204 - Effect of issuer's restriction on transfer.

Section 57A-8-205 - Effect of unauthorized signature on security certificate.

Section 57A-8-206 - Completion or alteration of security certificate.

Section 57A-8-207 - Rights and duties of issuer with respect to registered owners.

Section 57A-8-208 - Effect of signature of authenticating trustee, registrar, or transfer agent.

Section 57A-8-209 - Issuer's lien.

Section 57A-8-210 - Overissue.

Section 57A-8-301 - Delivery.

Section 57A-8-302 - Rights of purchaser.

Section 57A-8-303 - Protected purchaser.

Section 57A-8-304 - Indorsement.

Section 57A-8-305 - Instruction.

Section 57A-8-306 - Effect of guaranteeing signature, indorsement, or instruction.

Section 57A-8-307 - Purchaser's right to requisites for registration of transfer.

Section 57A-8-401 - Duty of issuer to register transfer.

Section 57A-8-402 - Assurance that indorsement or instruction is effective.

Section 57A-8-403 - Demand that issuer not register transfer.

Section 57A-8-404 - Wrongful registration.

Section 57A-8-405 - Replacement of lost, destroyed, or wrongfully taken security certificate.

Section 57A-8-406 - Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate.

Section 57A-8-407 - Authenticating trustee, transfer agent, and registrar.

Section 57A-8-501 - Securities account; acquisition of security entitlement from securities intermediary.

Section 57A-8-502 - Assertion of adverse claim against entitlement holder.

Section 57A-8-503 - Property interest of entitlement holder in financial asset held by securities intermediary.

Section 57A-8-504 - Duty of securities intermediary to maintain financial asset.

Section 57A-8-505 - Duty of securities intermediary with respect to payments and distributions.

Section 57A-8-506 - Duty of securities intermediary to exercise rights as directed by entitlement holder.

Section 57A-8-507 - Duty of securities intermediary to comply with entitlement order.

Section 57A-8-508 - Duty of securities intermediary to change entitlement holder's position to other form of security holding.

Section 57A-8-509 - Specification of duties of securities intermediary by other statute or regulation; Manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

Section 57A-8-510 - Rights of purchaser of security entitlement from entitlement holder.

Section 57A-8-511 - Priority among security interests and entitlement holders.

Section 57A-8-603 - Savings clause.