§ 8.8A-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 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 8.3A, even though it also meets the requirements of that title. However, a negotiable instrument governed by Title 8.3A 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 subdivision (a) (15) of § 8.9A-102, is not a security or a financial asset.
g. A document of title is not a financial asset unless subdivision (a) (9) (iii) of § 8.8A-102 applies.
h. A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless subdivision (a)(9)(iii) of § 8.8A-102 applies.
History
This law was first created in 1996. The record of its establishment is cataloged in chapter 216 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 1007; in 2004, chapter 200; in 2024, chapter 652.
1996, c. 216; 2000, c. 1007; 2004, c. 200; 2024, c. 652.