Título 11. COMMERCIAL CODE · Capítulo 8. · Artículo 8. INVESTMENT SECURITIES · Parte 1. SHORT TITLE AND GENERAL MATTERS
11-8-103. Rules for determining whether certain obligations and interests are securities or financial assets.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (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 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.#
- (d)
A writing that is a security certificate is governed by this article and not by Article 3 of this title, even though it also meets the requirements of that article. However, a negotiable instrument governed by Article 3 of this title 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 subsection (a) of Code Section 11-9-102, is not a security or a financial asset.#
- (g)
A document of title is not a financial asset unless subparagraph (a)(9)(iii) of Code Section 11-8-102 applies.#
- (h)
A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless subparagraph (a)(9)(iii) of Code Section 11-8-102 applies.#
History
Code 1981, § 11-8-103, enacted by Ga. L. 1998, p. 1323, § 1; Ga. L. 2001, p. 362, § 17; Ga. L. 2010, p. 481, § 2-18/HB 451; Ga. L. 2024, p. 817, § 5-36/HB 1240, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, added subsection (h).
Editor's notes
Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’” Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t11-(v9)-pdf.pdf, Volumen V9, edición 2022, suplemento de 2025, páginas 66 a 67; acción de fusión: replaced; SHA-256 del archivo df9393c4ba3b.