Home Table of Contents

§ 8-103. Security, defined

West's Annotated Code of MarylandCommercial LawEffective: June 1, 2010

West's Annotated Code of Maryland
Commercial Law
Title 8. Investment Securities (Refs & Annos)
Subtitle 1. Short Title and General Matters (Refs & Annos)
Effective: June 1, 2010
MD Code, Commercial Law, § 8-103
§ 8-103. Security, defined
(a) A share or similar equity interest issued by a corporation, business trust, statutory 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 title, 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 title and not by Title 3 of this article, even though it also meets the requirements of that title. However, a negotiable instrument governed by Title 3 of this article 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 § 9-102(a)(15) of this article, is not a security or a financial asset.
(g) A document of title is not a financial asset unless § 8-102(a)(9)(iii) applies.

Credits

Added by Acts 1996, c. 92, § 2, eff. Oct. 1, 1996. Amended by Acts 1999, c. 282, § 2, eff. July 1, 2001; Acts 2004, c. 95, § 2, eff. Oct. 1, 2004; Acts 2010, c. 611, § 2, eff. June 1, 2010.
MD Code, Commercial Law, § 8-103, MD COML § 8-103
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document