Home Table of Contents

§ 8103. Rules for determining whether certain obligations and interests are securities or finan...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: June 16, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 8. Investment Securities (Refs & Annos)
Chapter 81. Short Title and General Matters
Effective: June 16, 2008
13 Pa.C.S.A. § 8103
§ 8103. Rules for determining whether certain obligations and interests are securities or financial assets
(a) Share or similar equity interest.--A share or similar equity interest issued by a corporation, business trust, joint stock company or similar entity is a security.
(b) Investment company security.--An “investment company security” is a security. An “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) Interest in partnership or limited liability company.--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 division, 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) Writing that is security certificate.--A writing that is a security certificate is governed by this division and not by Division 3 (relating to negotiable instruments), even though it also meets the requirements of that division. However, a negotiable instrument governed by Division 3 is a financial asset if it is held in a securities account.
(e) Option or similar obligation.--An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
(f) Commodity contract.--A commodity contract, as defined in section 9102(a) (relating to definitions and index of definitions), is not a security or a financial asset.
(g) Financial asset.--A document of title, as defined in section 1201 (relating to general definitions), is not a financial asset unless paragraph (3) of the definition of “financial asset” in section 8102 (relating to definitions) applies.

Credits

1996, May 22, P.L. 248, No. 44, § 8, effective in 180 days. Amended 2001, June 8, P.L. 123, No. 18, § 14, effective July 1, 2001; 2008, April 16, P.L. 57, No. 13, § 15, effective in 60 days [June 16, 2008].
13 Pa.C.S.A. § 8103, PA ST 13 Pa.C.S.A. § 8103
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document