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RSA 382-A:8-103 · Rules for Determining Whether Certain Obligations and Interests are Securities or Financial Assets

Title
XXXIV-A: UNIFORM COMMERCIAL CODE
Chapter
382-A · UNIFORM COMMERCIAL CODE
Status
current
Official source linked
Yes
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382-A:8-103 Rules for Determining Whether Certain Obligations and Interests are Securities or Financial Assets. –

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(a)

A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.

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(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.

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(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 Article, 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.

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(d)

A writing that is a security certificate is governed by this Article and not by Article 3, even though it also meets the requirements of that Article. However, a negotiable instrument governed by Article 3 is a financial asset if it is held in a securities account.

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(e)

An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.

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(f)

A commodity contract, as defined in Section 9-102(a)(15), is not a security or a financial asset.

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(g)

A document of title is not a financial asset unless Section 8-102(a)(9)(iii) applies.

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(h)

A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless Section 8-102(a)(9)(iii) applies. Source. 1998, 326:1. 2001, 102:18, eff. July 1, 2001. 2006, 169:34, eff. Jan. 1, 2007. 2023, 236:22, eff. Oct. 7, 2023.

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Source note

Source. 1998, 326:1. 2001, 102:18, eff. July 1, 2001. 2006, 169:34, eff. Jan. 1, 2007. 2023, 236:22, eff. Oct. 7, 2023.

Source history

  • 1998, 326:1
  • 2001, 102:18, eff. July 1, 2001
  • 2006, 169:34, eff. Jan. 1, 2007
  • 2023, 236:22, eff. Oct. 7, 2023

Related materials

Bill relationships

  • 2026 HB1066 reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1066-FN reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1748 reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 HB1748-FN reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 SB56 reference · effective 2031-07-01

    rfected from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under RSA 382-A or otherwise] A pledge of property, revenues, or other collateral by the authority to secure the payment of principal or redemption price of, or interest on, any bonds, or any reimbursement or similar agreement with any