Sec. 45.08.103. Rules for determining whether certain obligations and interests are securities or financial assets.
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Sec. 45.08.103. 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.
(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 chapter, 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 chapter and not by AS 45.03 , even though it also meets the requirements of AS 45.03 . However, a negotiable instrument governed by AS 45.03 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 AS 45.29.102 (a), is not a security or a financial asset.
(g)A document of title is not a financial asset unless AS 45.08.102 (a)(10)(C) applies.
(h)In this section, “investment company security” means a share or similar equity interest issued by an entity that is registered as an investment company under federal investment company laws, an interest in a unit investment trust that is registered as an investment company under federal investment company laws, or a face-amount certificate issued by a face-amount certificate company that is registered as an investment company under federal investment company laws; “investment company security” does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.